On July 7, 2023, the new Regulation of the Liquor Law (hereinafter the "Regulation") was published in the Official Gazette, which was issued as a result of the amendments to such law introduced by Law 21.363, which amended the Liquor Law in matters of commercialization and advertising of such products, and which created new articles 40 bis and 40 ter. The points covered by the Regulation are:

1. Warning messages and graphics.

The Regulation establishes a new system of warning labeling that alcoholic beverages sold in the general and specialized trade must include. In this regard, it provides examples of the manner in which the warnings should be made:

In addition, the Regulation includes the obligation to include alcohol consumption warnings addressed to the general public and to risk groups, such as persons under 18 years of age and pregnant women, in all advertisements made by any mass media.

2. Energy labeling.

In addition to the current labeling of alcoholic beverages, the caloric value per 100 milliliters of alcoholic beverages must be added. This shall be included on the back of the respective container.

3. Advertising of alcoholic beverages.

The scope of the prohibition of advertising directed to minors is established, establishing which advertising acts will be understood as contrary to the regulations because they are understood as directed to minors.

The scope of the absolute prohibition of advertising in sporting activities is established, with the exceptions corresponding to international sporting events.

The prohibition of sports apparel being linked to brands or images of alcoholic beverages is further developed.

Finally, it reiterates the hours in which television advertising of alcoholic beverages will be allowed.

4. Sanctions and procedures.

The amounts to be penalized and the procedures for the application of sanctions are established depending on the type of non-compliance.

5. Validity of the Regulations.

Finally, regarding the validity of the Regulation, it was stated that the obligations and prohibitions derived from points 1, 2 and 4 above mentioned, will come into effect in one year and that the provisions of point 3 above, will come into effect in 36 months, both terms counted from the publication of the Regulation.

If you have any questions or comments regarding this information, please contact our team:

Andrea Abascal (aabascal@bofillmir.cl)

Andrés Sepúlveda (asepulveda@bofillmir.cl)