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Alcoholic Beverage Advertisements through Alibi Branding

Brand communication of alcoholic products to consumers is strictly prohibited in Türkiye and there is full prohibition of advertisement of alcohol, any manner in all forms of media. This ban includes broadcasts on TV and radio, advertisements in cinema, product placement, printed media, as well as advertisements on social media and digital platforms.

Alibi branding is an alternative mechanism for promotion of alcohol brands and in fact, this is a grey area. Although there is total ban of alcohol advertising we observe that alcoholic beverage companies launch their online media campaigns with alibi branding that can be signs without any specific brand, logo, trademark and even company names in which color combinations and patterns of the company are used. In Turkish legislation, there is no clear rule about the use of alibi proxy brands. The Advertisement Board's assessment of the use of alibi brands has also changed over time.

  • In 2020, The Advertisement Board reviewed the promotional activities of a leading, well-known and reputable Turkish alcoholic beverage company in various event, such as concerts, and cafes, restaurants, bars, pubs, etc., without displaying the trademark or image of the products but with an expression “” (meaning “together, beautiful” in Turkish). The color combination of this expression matches with the relevant well-known brand of the related alcoholic beverage company. In its decision, the Advertisement Board did not find these activities to be contrary to the Turkish law or to the prohibition of alcohol advertising.
  • The Advertisement Board, in its decision in 2023, addressed the broadcast of the YouTube channel named "Bozuk Mikrofon" and the program titled "Alo Evrim Ağacı Hattı // Bozuk Mikrofon #15”, where the "Efes Malt Bira" branded alcoholic beverage was displayed on the set and shown with its front facing the camera for the entire thirty-four-minute interview-talk show format program, without being consumed. Additionally, in the video titled "Sürekli Masaj İstiyorum // Bozuk Mikrofon #13," published by the same YouTube channel on 20.01.2023, the registered trademark "" no. 2021/082546 of the alcoholic beverage company, Efes Pazarlama ve Dağıtım Ticaret A.Ş., was consistently displayed at the top right corner of the program. The video's description section indicated that concealed advertising was used for the "+1" brand, stating "Whether you are against tropical fruits entering the refrigerator or not, increase your enjoyment by +1 while watching the episode!". Given that advertising and promotion of alcoholic beverages on any platform are prohibited by legislation in force and that the sharing in the mentioned program violated the relevant regulations, the Advertisement Board imposed administrative fines of TRY 347,128 against both the advertiser Anadolu Efes Biracılık ve Malt San. A.Ş., and the media company and decided to suspend these advertisements.
  • In another decision in 2023, the Advertisement Board addressed a commercial film posted on Instagram and YouTube where an actor made statements to the audience in a closed environment resembling a restaurant/bar. During the video, it was clearly seen in the background of the bar that only alcoholic beverages branded as "Jack Daniels Whiskey”, specifically the varieties "Jack Daniels Old No.7" and "Gentleman Jack," were displayed. At the end of the video, the expression "Jack lives here" appeared on the screen. The "Jack" expression on the screen and seen at various moments in the video located in a bar was identical in font and color to the company's registered trademark. In this context, it was determined that the "Jack" label and the "Jack Daniels" branded liquor bottles clearly visible in the background were perceived by the average consumer as the "Jack Daniels Whiskey" brand in the video narrative and various moments of the video. It was concluded that this composition deliberately created demand using images and implications for alcoholic beverage advertisement that are prohibited by regulations. Therefore, it was decided to impose an administrative fine of TRY 347,128 against the advertiser and to suspend the mentioned advertisements due to the violation of the relevant regulations.

Alcoholic beverage companies carry out marketing and promotional activities by using alibi proxy brands in various platforms. It is observed that the Advertisement Board changed its earlier assessment for these promotional activities, and concluded that advertisements with alibi brands violate the legislation.


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