The Council of Ministers approved this Tuesday the draft Law on Underage Drinking, a legislative initiative that seeks to create a comprehensive framework to protect the health of young people and promote responsible alcohol consumption in society. This text, which was previously presented to the Council of Ministers on July 30 and submitted for public hearing and information in August, establishes obligations for public administrations in the areas of education, health, culture, sports, research, road safety, and the workplace and family.
At the press conference held after the Council of Ministers, the Minister of Health, Mónica García, welcomed this new step in the passage of the Law on Alcohol and Minors, which must now begin its parliamentary process in order to achieve the political consensus necessary for its approval. “We have given the green light to a bill that is as urgent as it is necessary. Furthermore, it is groundbreaking legislation, as for the first time we have national legislation to comprehensively address the prevention of underage alcohol consumption.”
“We need to banish from our imagination the deeply rooted idea that moderate consumption may have some health benefits, as there is a wealth of research that confirms this is not true.”
García emphasised that the initiative stems from the concern generated by this area and is “a social demand from citizens.” In this sense, the Ministry of Health bases the urgency of rethinking the current regulatory framework on scientific certainty and worrying data such as that revealed by the State Survey on Drug Use in Secondary Education in Spain (ESTUDES), which indicates that in 2023, 75.9% of school students reported having consumed alcohol at some point in their lives; 73.6% in the last year; and 56.6% in the last month. “Many of them claim to have almost unrestricted access to alcohol, despite the current restrictions,” she noted.
The health official noted that this law was supported by the Health Commission of the Congress of Deputies, held in 2018, where, “with the unanimous support of all parties,” an expert report was approved that served as the basis for this legislative project. “Its objectives are clear: to prevent underage alcohol consumption and protect them from its effects, create safe and healthy environments for children and adolescents, and provide effective tools for sectors that work with minors to promote healthy habits,” she emphasised.
“We know that alcohol consumption affects young people’s brain development and performance in school, and it also increases the risk of addiction in adulthood.”
Likewise, García stated that “the scientific evidence is clear: there is no safe amount of alcohol that doesn’t have a negative impact on health.” “We must banish from our imagination the deeply rooted idea that moderate consumption may have some health benefits, as there is a wealth of research that confirms this is not true,” the minister insisted, citing recent reports from the Carlos III Health Institute and the WHO.
Furthermore, the ministerial official emphasised, “we know that alcohol consumption affects young people’s brain development and their performance in education, and it also creates a greater risk of addiction in adulthood.” Along these lines, García asserted that this law has a “comprehensive, public health approach and is a commitment to families, teachers, healthcare workers, and young people themselves,” she concluded.
MAIN RESTRICTIONS
The Bill prohibits the consumption of alcohol for all persons in preschool, primary, compulsory secondary, high school, vocational training, and special education centres; in child protection centres and student residences that admit minors; in other centres for minors or those intended for their use; and in sports centres, leisure centres, or spaces dedicated to public performances when there are sessions specifically designed for minors.
It regulates the sale of alcohol to protect minors, prohibiting street and unlicenced sales on public roads and in other places and circumstances established by another state or regional law or municipal ordinance. The automatic dispensing of alcoholic beverages will require vending machines to incorporate effective technical mechanisms, with direct supervision and custody, that prevent their acquisition by minors. Furthermore, they may not be installed on public roads or in places where the sale or consumption of alcoholic beverages is prohibited.
Advertising or commercial communications may not use the image or voice of persons under 21 years of age or of legal age when they appear in the character or disguise of minors.
Limit the display and access to alcoholic beverages in self-service establishments. This must be limited to a specific space within the establishment itself, separate from spaces with products specifically intended for minors. In establishments primarily dedicated to the sale of products for minors, alcoholic beverages and other imitation products may not be sold, nor may they be displayed in shop windows or inside, even if they are empty.
It limits advertising and commercial communications, prohibiting any direct, indirect, or covert form of advertising for alcoholic beverages or products that simulate being alcoholic beverages, including the trade name, company name, symbols, or trademarks of the individuals or companies producing said beverages, directed at minors. Furthermore, the image or voice of the following may not be used in advertising or commercial communications: persons under 21 years of age; persons of legal age when presented in the character or disguise of minors; persons or characters, real or fictional, whose public relevance or popularity is linked to the minor population; pregnant women, even if they have given their consent; or the image of a foetus.
The Ministry has announced the penalties stipulated in the draft of the future law, which range from economic sanctions of 60 to 600,000 euro, administrative sanctions for companies, or closure of offending businesses.
Likewise, regarding advertising language, arguments, styles, typography, or designs associated with the culture of minors may not be used, nor may alcoholic beverages be linked to the improvement of physical performance, social, or sexual success. Misleading or ambiguous terms that could easily confuse minors may not be used. Likewise, advertising may not be placed on public roads or in places visible from them. Advertising, limited to the trade name, corporate name, and identifying brands or symbols of the producing companies, may be permitted within a perimeter 200 linear metres from access to areas frequented by minors.
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