Beverage Handbook

2015 Fact Book teaser

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Advertising Guidelines Mandatory Statements Distilled spirits, wine and beer advertisements shall state the name and address of the permittee responsible for its publication or broadcast. Street number and name may be omitted in the address. Class and type designation and alcohol content shall be stated by proof, percent- age by volume may be used for cordials and liqueurs, cocktails, highballs, bitters and other specialties for distilled spirits. Class, type and distinctive designation required for wine. Class required for beer. Exception for spirits, wine and beer: if an advertisment refers to a line or all of the products of one company, whether by company name or by brand name com- mon to all products in the line, the only mandatory information is the name and address of the responsible advertiser. Restrictions An advertisement of distilled spirits, wine or malt beverages shall not contain: any statement that is false or untrue; any statement that is disparaging of a competitor's product; any statement, design, device or representation which is obscene or indecent; any statement, design, device, or representation of or relating to analyses, standards or tests, irrespective of falsity, which the Director finds to be likely to mislead the consumer; any statement, design, device or repre- sentation of/ or relating to any guarantee, irrespective of falsity, which the Director finds to be likely to mislead the consumer (money-back guarantees are not prohib- ited); any statement that distilled spir- its, wine or malt beverages are brewed, labeled, produced, packed, distilled, blended, made, bottled, or sold under or in accordance with any municipal, state, Federal, or foreign authorization, law, or regulation; any statements that contains the words "bond," "bonded," "bottled in bond," "aged in bond," or phrases containing these or synonymous terms, unless such words or phrases appear, on the label of the product, and are stated in the advertisement in the manner and form in which they are permitted to appear on the label; any statement concerning a brand or lot of wine or distilled spirits that is inconsistent with any statement on the labeling thereof; any label depicted on a bottle in an advertisement shall be a reproduction of an approved label; any statement, design, representation, picto- rial representation, or device representing that the use of distilled spirits has curative or therapeutic effects; any false state- ment regarding place of origin, or flags, seals, coats of arms, crests and other insignia. Subliminal or similar techniques are prohibited. Comparative advertising shall not be disparaging of a competitor's product. Taste test results may be used in advertisements comparing competi- tors' products unless they are disparag- ing, deceptive, or likely to mislead the consumer. A statement shall appear in the advertisement providing the name and address of the testing administrator. Distilled Spirits The word "pure" may not be used unless: it refers to a particular ingredient used in the production of the product, and is a truthful representation about the ingredient or; it is part of the bona fide name of a permittee or retailer from whom the product is bottled, or it is part of the bona fide name of the permittee who bottled the product. The words "double distilled" or "triple distilled" shall not be permitted in adver- tisement of distilled spirits produced by the redistillation method when a second or third distillation step is a necessary distillation process for the production of the product. Distilled spirits advertisements shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product. An advertisement for any whiskey or brandy (except immature brandies) which is not required to bear a statement of age on the label or an advertisement for any rum or tequila, which have been aged for not less than 4 years may, however, contain inconspicuous, general representation as to age, maturity or other similar repre- sentations even though a specific age statement does not appear on the label of the advertised product and in the adver- tisement itself. Wine Any word in the brand name or class and type designation which is the name of a distilled spirits product or which sim- ulates, imitates, or creates the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base is prohibited. Wine advertisements shall not contain any statement of age or representa- tion relative to age (including words or devices in any brand name or marquee), except for vintage wine. Malt Beverages No product containing less than one- half of 1 percent of alcohol by volume shall be designated in any advertisement as beer, lager beer, lager, ale, porter, stout, or by any other class or type designation commonly applied to fermented malt beverages containing one-half of 1 percent or more of alcohol by volume. No product other than a malt beverage fermented at comparatively high tem- perature, possessing the characteristics generally attributed to ale, porter, or stout and produced without the use of coloring or flavoring materials (other than those recognized in standard brewing practices) shall be designated in any advertisement by any of these class designations. Malt beverage advertisements shall not contain the words strong, full strength, extra strength, high test, high proof, full alcohol strength, or any other statement of alcohol content, or any statement of the percentage and quantity of the original extract, or any numerals, letters, characters, or figures, or similar words or statements of alcohol content, except where required by state law. Source: Laws and Regulations Under the Federal Alcohol Administration Act, TTB. Federal Guidelines Regarding Beverage Alcohol Advertising Fact Book 2015 3

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