The advertising shall comply with both: i) general Ukrainian rules, which are applicable to all types of advertising of any products, ii) special requirements and restrictions applicable to the advertising of alcoholic beverages.
The advertisement must not, inter alia:
- contain misleading information (meaning incomplete, inaccurate or false information);
- contain statements that are discriminatory, as well as such that discredit the products of other brands\manufacturers;
- use tools and technologies that have impact on the subconscious of consumers of advertising;
- use or imitate the image of national symbols of Ukraine.
Besides there are several requirements to:
- placing an image of a natural person or use his/her name in the advertising;
- intellectual property rights protection in advertising.
Comparative advertising is allowed in Ukraine if it meets a few criteria:
- no signs of unfair business practice (e.g. is not misleading and aggressive);
- objectively compares the characteristics/price of homogeneous products or products with the similar indication of origin;
- does not contain false information about the quality of similar products of other manufacturers or sellers;
- does not discredit the product or create any consumer confusion.
Any comparative advertising may attract attention of the Ukrainian antitrust & competition authority as a potential source of unfair competition.
1) Advertising of wine products is prohibited, inter alia:
- on radio and television from 6 a.m. to 11 p.m.;
- in all print media (except for specialized publications);
- with the help of promotional activities (except for special exhibition events of alcoholic beverages).
2) It is prohibited to use:
- persons under the age of 18 as photo models in the advertisements of alcoholic beverages;
- images of celebrities as well direct or indirect approval by celebrities of alcohol consumption;
- images of the process of consuming alcoholic beverages;
- images of doctors and other medical professional.
3) Advertising of wine shall not:
- form the opinion that alcohol consumption is an important factor in achieving success in life;
- make impression that the use of alcoholic beverages will help solve personal problems;
- imply that alcohol has medicinal properties, provides stimulative or sedative effects.
4) Advertising of alcoholic beverages shall be accompanied by a special warning. The Ukrainian legislation contains several requirements to both the content of such warning as well as the way of its placement (e.g., the size, colours of both the text of the warning and its background, the place where it shall be indicated etc.).