In brief: prohibited and controlled advertising in Sweden

Prohibited and controlled advertising

What products and services may not be advertised?

Any advertising of products or services that is not consistent with other regulations will be considered a breach of the Marketing Act (2008:486) (as amended up to Act (2017:1309) (the Marketing Practices Act). Furthermore, it is illegal to state or create an impression that a product may legally be sold when it cannot, which likely includes services (point 9 of Annex 1 to the Unfair Commercial Practices Directive (2005/29/EC)).

Further restrictions may apply in relation to specific products, including the following.

• Neither alcohol nor tobacco products may be advertised in radio, TV or commercial broadcasts under Swedish licences.
• Pharmaceuticals sold only on prescription must not be advertised to consumers.
• Unlicensed lotteries may not be advertised in Sweden.

Are certain advertising methods prohibited?

In accordance with the Marketing Practices Act, any advertising methods considered to be misleading, aggressive or otherwise harmful, as listed in Annex 1 of the Unfair Commercial Practices Directive, are prohibited. For example, the following advertising methods are prohibited: subliminal techniques used in audiovisual commercial communication; sending spam emails or other electronic messages when there is no existing customer relationship regarding the advertised products or services to consumers without prior consent from the recipient; and making persistent and unwanted solicitations by telephone, email or other remote media. Direct marketing in general must not be directed to anyone who has declined such marketing.

What are the rules for advertising as regards minors and their protection?

Sweden has a strict view on advertising to minors (defined in Sweden as persons under the age of 18). This is illustrated by the prohibition of television advertising that targets children under the age of 12 broadcast under a Swedish licence and any direct marketing aimed to children under the age of 16 without a guardian’s consent, such as text messages or emails.

Are there special rules for advertising credit or financial products?

Under the Swedish Consumer Credits Act, the advertising of credit to consumers must include information on effective rates and credit costs. Any advertising of credit or credit services must be moderate and must not be intrusive. The advertising must not mislead the consumer as to the consequences of the credit agreement, such as being a free solution to financial problems or similar. It is also not permitted in advertising to emphasise the possibility of getting fast credit. Any advertising of credit must be objective and balanced.

Furthermore, under certain circumstances, companies or investment fund marketing units or shares require authorisation from the Financial Supervisory Authority in accordance with the Markets in Financial Instruments II Directive (Directive 2014/65/EU) and the Markets in Financial Instruments Regulation (Regulation (EU) No. 600/2014).

Are there special rules for claims made about therapeutic goods and services?

Marketing of therapeutic goods and services is regulated under the Medical Products Act in the rules on the marketing of medicines. The Marketing Practices Act applies to therapeutic and pharmaceuticals products although the area is not specially regulated and mainly applies to non-prescription medicines that claim to have medical effects.

Advertising is subsequently restricted to pharmaceuticals sold without prescription and must mainly relate to illnesses that the consumer is presumed capable of diagnosing themselves. Other indications specifically identify that the consumer requires medical treatment or other contact with health or medical personnel. A basic requirement is that the information refers to indications and dosages that are authorised by the Swedish Medical Products Agency.

Are there special rules for claims about foodstuffs regarding health and nutrition, and weight control?

Marketing claims about foodstuffs regarding health and nutrition are only permitted if the claims fulfil the requirements set forth in Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods. This regulation is applicable in the European Union on all types of labelling, presentation and advertising of food.

Examples of permitted claims regarding nutrition that may be used in marketing, provided that such marketed products and services also fulfil the requirements set forth in Regulation (EC) No. 1924/2006, are ‘low in fat’, ‘no added sugar’ and ‘light’. However, regarding health-related claims, the European Commission must approve such usage for the claim to be used for commercial purposes. Examples of health claims that may not be included in marketing are claims referring to statements from individual doctors or individual health professionals and health-related claims that make reference to the rate or amount of weight loss.

The Swedish Food Agency has also issued food regulations concerning labelling, nutrition and health claims.

What are the rules for advertising alcoholic beverages?

The Swedish Alcohol Act (2010:1622) states that all marketing of alcoholic beverages (ie, spirits, wines and beers containing more than 2.25 per cent alcohol) to consumers must be particularly moderate and must not encourage the consumption of alcohol or be obtrusive. Consequently, the opportunities for outdoor marketing (such as billboards) are very limited.

Alcoholic beverages as free gifts or prizes are not allowed. Moreover, advertising must not target or portray children or persons under the age of 25. It is also prohibited to advertise alcoholic beverages on radio and television broadcast under Swedish licences. Companies that mainly manufacture or sell alcohol must not sponsor a television or radio programme.

Commercial advertisements in periodical publications are allowed for alcoholic beverages containing less than 15 per cent alcohol. However, the advertisement must be moderate and include information about the risks connected with alcohol consumption.

The Swedish Radio and Television Act includes restrictions on product placement in films and television programmes that are not considered advertising. For instance, programmes that are not commercial advertising may not improperly promote commercial interests and alcohol cannot be used in product placement.

What are the rules for advertising tobacco products?

The Swedish Tobacco Act forbids almost all kinds of advertising of tobacco products, including indirect advertising such as product placement of tobacco and sponsorship. The Swedish Tobacco Act and its rules regarding marketing are also applicable to e-cigarettes, which can be used for nicotine consumption.

The supply of tobacco products at points of sale is permitted, provided that such sales are not obtrusive or encourage the use of tobacco products. Tobacco products must include pre-defined warning labels and product information on packages. Tobacco products must not be advertised in radio and television commercials broadcast under Swedish licences.

Advertising of tobacco products is only permitted in certain periodical publications and at premises where tobacco products may be legally sold, provided that the advertisement is not visible from outside the premises.

Are there special rules for advertising gambling?

A game, lottery or casino game that requires a stake from the player and where the opportunity to win is primarily based on factors that the player cannot predict or control generally requires a licence from the Swedish Gambling Authority. The rules regulating the advertising of games in Sweden are set forth in the Swedish Gambling Act. Any promotion to participate in unlawful lotteries is illegal. 

The Gaming Act includes specific rules on marketing. The main principle is that moderation must be observed when marketing to consumers. In summary, any marketing of games must not:

• give the impression that the chances of winning are greater than they actually are or that skill can affect the outcome when this is not the case;
• make the receiver of the marketing feel pressured to play or make the receiver feel pressured if the receiver does not play;
• give the impression that games are socially attractive or include claims from well-known people, with the indication that participation in these games has contributed to their success;
• claim that gambling can be a solution to social, professional or personal problems;
• give the impression that gambling can be an alternative to a job, a solution to financial problems or a form of financial investment;
• include unsubstantiated claims about the return that players can expect; and
• give the impression that games are free or similar if this is not the case.

Furthermore, the marketing must not be specifically aimed at people under the age of 18 or directly at people who have blocked themselves from gambling.

Swedish case law has ruled that it is prohibited for gaming companies to use takeover ads on the internet and use claims that encourage the receivers to play immediately. Claiming that skills, tricks or certain tactics may affect the outcome of a game is prohibited. Claims that strongly highlight that the game is fast and that the payouts of any wins are fast are not considered moderate, for example ‘this is the perfect way to get gold’ and ‘how to make millions on the way to work’.

What are the rules for advertising lotteries?

The rules regulating lottery advertising in Sweden are set forth in the Swedish Gambling Act. Organising a lottery (which, by definition, includes sweepstakes or other contests and games where the outcome is determined by chance) usually requires a licence from the Swedish Gambling Authority. Any promotion to participate in unlawful lotteries is illegal. 

The Gaming Act includes specific rules on marketing. The main principle is that moderation must be observed when marketing to consumers. In summary, any marketing of games must not:

• give the impression that the chances of winning are greater than they actually are or that skill can affect the outcome when this is not the case;
• make the receiver of the marketing feel pressured to play or make the receiver feel pressured if the receiver does not play;
• give the impression that games are socially attractive or include claims from well-known people, with the indication that participation in these games has contributed to their success;
• claim that gambling can be a solution to social, professional or personal problems;
• give the impression that gambling can be an alternative to a job, a solution to financial problems or a form of financial investment;
• include unsubstantiated claims about the return that players can expect; and
• give the impression that games are free or similar if this is not the case.

Furthermore, the marketing must not be specifically aimed at people under the age of 18 or directly at people who have suspended themselves from gambling.

Swedish case law has ruled that it is prohibited for gaming companies to use takeover ads on the internet and use claims that encourage the receivers to play immediately. Claiming that skills, tricks or certain tactics may affect the outcome of a game is prohibited. Claims that strongly highlight that the game is fast and that the payouts of any wins are fast are not considered moderate, for example ‘this is the perfect way to get gold’ and ‘how to make millions on the way to work’.

What are the requirements for advertising and offering promotional contests?

Organising a lottery (which, by definition, includes sweepstakes or other contests and games where the outcome is determined by chance) usually requires a licence from the Swedish Gambling Authority. However, promotions where the outcome is determined by chance do not require a licence when the participant does not have to pay a stake. Therefore, free games of chance are usually permitted. The Swedish Gambling Authority has stated that a stake for participation in a contest should not be considered to have been paid by a participant if, for example a lottery ticket has been temporarily included in a purchase of specific products or services and the price of such products or services has not been affected by the fact that entry to the contest is included in the purchase. In these cases, it is considered that the main purpose and the nature of the payment by a participant is to gain access to the product or service and not to participate in the contest, and the contest is considered to constitute a marketing measure. However, if the price of the product or service has been affected by the game or lottery, it should instead be assessed that a stake has been paid for participation in the contest and a licence for the contest must be obtained.

If a contest’s outcome is determined by the entrant’s performance and skills, the Gambling Act would not be applicable and there is no requirement for a licence.

If the Gambling Act is not applicable to a contest, the rules of the Marketing Practices Act apply. This means that any marketing of a contest must not include false claims or be misleading. Any marketing of a contest must include information regarding the material terms and conditions of the contest, such as price information, time limitations and other relevant information. 

Are there any restrictions on indirect marketing, such as commercial sponsorship of programmes and product placement?

The Radio and Television Act sets forth restrictions on product placement in films and television not considered to be advertising. For instance, television programmes that are not commercial advertising may not improperly promote commercial interests and certain products, such as alcohol and tobacco, cannot be used for product placement.

Sponsorship of a radio or TV programme is subject to certain limitations. According to the Radio and Television Act, if a programme is financed by an entity other than the broadcaster, this information must be provided at the beginning as well as at the end of the programme.

Briefly give details of any other notable special advertising regimes.

Gender-discriminatory, cultural and religious advertising concerns do not fall under the statutory rules of the Marketing Practices Act. Instead, the ICC Advertising and Marketing Communications Code applies to commercial communications relating to discriminatory, cultural, religious or otherwise offensive content in marketing and may be assessed and supervised by the Swedish Advertising Ombudsman.