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Graphic Health Warnings for Alcohol

BY Philip Pfeffer
June 28, 2011

In 2010, Thailand proposed mandating the use of highly emotive graphic warnings on all domestic and imported wine, beer and liquor bottles with the aim of deterring consumers from drinking alcohol. These proposed labels would cover 30%-50% of the bottles' surface or packaging area. It is expected that other countries will follow Thailand's lead. The Thai proposal raises important questions about the role of warning labels. It also widens the debate over the appropriate balance between regulators' efforts to protect public health, and consumers' individual choice. Requiring graphic warnings on alcohol bottles also raises a plethora of constitutional, intellectual property and international trade law issues. This is particularly so, given that empirical evidence indicates that graphic warnings, while more emotive than text-only warnings, do not change consumer behavior. In light of the World Health Organization's international strategy to reduce the use of alcohol, these issues are becoming increasingly important and the implications need to be understood.

Common Law Duty to Warn

At the heart of the common law duty to warn is the obligation of manufacturers to communicate risks inherent in ordinary usage of consumer products. The object of this requirement is to enable consumers to make informed choices about whether ' and if so, how ' they use such products. At common law, the manufacturer's duty to warn arises where: 1) the product supplied poses a risk; 2) the risk is or should be known by the manufacturer; 3) the risk is present when the product is used in the expected manner; and 4) the risk is not obvious or well known to the user. Once this duty to warn has arisen, the overriding requirement for the manufacturer is that it provide a warning that is adequate.

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