The Supreme Administrative Court of Lithuania adopted a decision in favour of our client the Kalnapilis-Tauro Group in a case regarding a fine imposed by the Drug, Tobacco and Alcohol Control Department (DTACD) for advertising Tauras Tradicinis nealkoholinis (Tauras traditional non-alcoholic) non-alcoholic beer.
The court upheld the appeal of the Kalnapilis-Tauro Group and annulled the previous adopted decision of the Vilnius Regional Administrative Court in favour of the DTACD. It was decided that the DTACD had failed to prove that the company, while advertising Tauras Tradicinis nealkoholinis non-alcoholic beer, had disseminated information encouraging the purchase and consumption of Tauras Tradicinis (Tauras Traditional) alcohol beer; the dissemination of this information would have meant the company was indirectly advertising Tauras Tradicinis alcoholic beer, which the DTACD believed was the case. Therefore the court decided that the fine had been imposed unreasonably.
Advertising of non-alcoholic beverages is not prohibited
The court noted that, when making its decision, the DTACD relied only on a unverified statement that the company, while advertising non-alcoholic beer, also advertised alcoholic beer. Therefore there are no sufficient grounds to conclude that when the average consumer sees non-alcoholic beer or related and its advertising they associate it with alcoholic beer. Nor did the DTACD prove that the average consumer was thereby indirectly encouraged to purchase and consume a specific alcoholic product.
Our team representing the client
The client was represented by our team, led by counsel Irma Kirklytė. The team also consisted of partner Monika Mališauskaitė-Vaupšienė, counsel Stasys Drazdauskas and associates Auridas Litvinas and Aušrinė Dambrauskaitė.
