Chile's Alcohol Labeling Law: Implementation, Details and Key Considerations

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Law No. 21.363, published on August 6, 2021, introduced significant changes to the regulations governing the commercialization, labeling and advertising of alcoholic beverages in Chile.

This law amends Law No. 19.925 on the sale, commercialization and production of alcoholic beverages, and establishes new restrictions and obligations regarding the advertising and labeling of these products.

Expanding a pioneering labeling model

In general terms, the law aims to regulate advertising that encourages alcohol consumption by promoting compliance with the rules governing the sale and consumption of alcoholic beverages.

The warning that alcoholic beverages must carry is similar to those used under the food labeling law, for which Chile was a pioneer in developing seals warning about excessive amounts of sugars, calories, saturated fats or sodium.

However, the new seals on alcoholic beverages will be different — they focus on displaying the risks and consequences of harmful alcohol consumption.

Below is a detailed analysis of the provisions and impact of this legislation.

Objectives of Law No. 21.363

Law No. 21.363 on the commercialization and advertising of alcoholic beverages has the following main objectives:

Regulate advertising that encourages alcohol consumption.
Reverse alcohol consumption among minors.
Incorporate warnings on packaging and in advertising about the health effects of alcohol.
Encourage compliance with the rules governing the sale and consumption of alcoholic beverages.

Drafting of the regulation

The regulation for this law was drawn up jointly by the Ministry of the Interior and the National Service for the Prevention and Rehabilitation of Drug and Alcohol Use (SENDA), with the participation of the Ministries of Health and Agriculture, among other stakeholders.

It was published in the Official Gazette on July 7, 2023 and sets out in detail the new regulations on the labeling and advertising of alcoholic beverages.

Labeling and advertising regulations

The law establishes the following obligations for the labeling and advertising of alcoholic beverages:

1. Calorie labeling

All alcoholic beverages must include information on the calories they contain per 100 ml of product.

2. Minors

Any form of advertising for alcoholic beverages directed at minors is prohibited.

3. TV and radio

Advertising of alcoholic beverages on television is prohibited between 06:00 and 22:00, and on radio between 16:00 and 18:00.

Advertising at sporting events is also prohibited, except at major international sporting events held in Chile.

4. Warnings

Labels must include warnings about alcohol consumption and its relationship to the risks associated with drinking during pregnancy, driving vehicles, and the prohibition on sales to persons under 18 years of age.

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These warnings must be present across all written, audiovisual and radio media, both in physical and digital formats.

A legend must also be included stating: “WARNING. Harmful alcohol consumption damages your health.”

Regarding the entry into force of these regulations, the law establishes:

1. Labeling

The provisions on labeling and warnings on packaging and advertising will become mandatory as of July 7, 2024.

2. Advertising

The time restrictions on alcoholic beverage advertising will take effect as of July 7, 2026.

Details of the new labeling

Alcoholic beverage labels must include the following mandatory warnings on packaging:

1. Alcohol content

Any beverage with an alcohol content equal to or greater than 0.5% ABV intended for commercialization in Chile must carry a clear, precise, visible and legible warning about the consequences of harmful consumption.

2. Promotional packaging

The warnings must also be present on promotional boxes or outer packaging.

3. At-risk populations

The warnings must include statements about the risks for pregnant women, minors and drivers.

4. Warning size

The warning may not cover less than 15% of the surface of the back face or label of the packaging. If there is no back label, it applies to the front label.

5. Visibility

The warning must always be visible at all points of sale and may not be covered or removed.

With regard to the graphic design guidelines for labels, the legislation states:

1. Design

The warning must maintain its proportions (width 1.77 times the height), with specific minimum dimensions (6.2 cm wide by 3.5 cm high for the full warning).