There is no general alcohol advertising ban in Germany, but health claims are excluded and advertising must not target young people.
Legal framework
- Art. 4(3) Health Claims Regulation: no health claims for drinks above 1.2 % vol
- § 6(5) JMStV: alcohol advertising must not address children or adolescents or depict excessive consumption
- § 11(5) JuSchG: alcohol commercials in cinemas only after 6 pm
- German Advertising Council: voluntary code of conduct
Case law
- BGH, 17 May 2018, I ZR 252/16 – “bekömmlich” (easily digestible) is a prohibited health claim for beer
- CJEU, 6 Sept 2012, C-544/10 – the same applies to wine, even if the statement is true
Case examples
“Digestible” beer
A brewery labels its beer “bekömmlich”. Following the BGH, this is a prohibited health claim.
Spring-break campaign
A spirits brand runs a campaign with teen-style party scenes on TikTok. It targets young people and is challenged by the Advertising Council and authorities.
