Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION
Chapter 14.23.01 - Alcoholic Beverages
Section 14.23.01.05 - Uniform Newspaper and Magazine Advertising of Wines and Distilled Spirits
Universal Citation: MD Code Reg 14.23.01.05
Current through Register Vol. 51, No. 26, December 27, 2024
A. Application. A person engaged in business as a producer, manufacturer, bottler, importer, wholesaler, or retail dealer of distilled spirits or wines, directly or indirectly, or through an affiliate, may not publish or disseminate or cause to be published or disseminated in any newspaper, magazine, or similar publication any advertisement for distilled spirits or wines, unless the advertisement is in conformity with this regulation. These provisions may not apply to the publisher of any newspaper, magazine, or similar publication unless the publisher is engaged in business as a producer, manufacturer, bottler, importer, wholesaler, or retail dealer of distilled spirits or wines, directly or indirectly, or through an affiliate.
B. For the purpose of this regulation, "advertisement" includes any advertisement of distilled spirits or wines through the medium of newspapers, magazines, or similar publications, except that the term may not include:
(1) Any label
affixed to any container of distilled spirits or wines, or any individual
covering, carton, or other wrapper of the container;
(2) Any editorial or other reading matter in
any periodical, publication, or newspaper for the preparation of publication of
which no money or other valuable consideration is paid or promised, directly or
indirectly, by any person subject to this regulation.
C. General Requirements and Restrictions in the Advertising of Distilled Spirits and Wines.
(1) Mandatory Statements.
(a) Responsible Advertiser. The advertisement
shall state the name and address of the producer, manufacturer, bottler,
importer, wholesaler, or retail dealer responsible for its publication. The
street name and number may be omitted in the address.
(b) Class, Type, and Distinctive Designation.
The advertisement shall contain a conspicuous statement of the class and type,
or other designation of the product, corresponding with the complete
designation which appears on the brand label of the product as required by
federal regulations.
(c) Alcohol
Content. The alcohol content shall be stated in the manner and form in which it
appears on the labels of distilled spirits advertised.
(d) Percentage of Neutral Spirits and Name of
Commodity. In the case of distilled spirits (other than cordials, liqueurs, and
specialties) produced by blending or rectification, if neutral spirits have
been used in the production of it, there shall be stated in the advertisement
the percentage of neutral spirits so used and the name of the commodity from
which the neutral spirits have been distilled in substantially the manner and
form in which these statements appear on the labels of the distilled spirits
advertised. In the case of neutral spirits or of gin produced by a process of
continuous distillation, there shall be stated in the advertisement the name of
the commodity from which the neutral spirits or gin has been distilled
substantially in the manner and form in which this statement appears on the
labels of the distilled spirits advertised.
(e) "Line" or "Brand" Advertisements. Where
an advertisement does not mention a specific product but merely refers to a
class of distilled spirits (such as "whiskey") and the advertiser markets more
than one brand of distilled spirits of that class, or where the advertisement
refers to several classes of distilled spirits (such as "whiskey", "brandy",
"rum", "gin", "liqueur", etc.) marketed under a single brand, the only
mandatory information prescribed by this subsection applicable to the
advertisement would be the name and address of the responsible advertiser.
(f) Retail Dealers. Advertisements
by retail dealers which merely refer to the availability of distilled spirits
or wines in those establishments but which otherwise make no reference to a
specific brand of distilled spirits or wines shall be subject only to the
"Prohibited Statements" provisions of §C(3).
(2) Lettering; Conspicuousness of Mandatory
Statements. Statements required by this regulation to be stated in any written,
printed, or graphic advertisement shall appear in lettering or type of a size,
kind, and color sufficient to render them both conspicuous and readily legible.
In particular:
(a) Required information shall
be stated against a contrasting background and in type or lettering which is at
least the equivalent of eight-point type;
(b) Required information shall be so stated
as to appear to be a part of the advertisement and may not be separated in any
manner from the remainder of the advertisement;
(c) When an advertisement relates to more
than one product, the required information shall appear in such manner as to
clearly indicate the particular products to which it is applicable;
(d) Required information may not be buried or
concealed in unrequired descriptive matter or decorative designs.
(3) Prohibited Statements and
Representations.
(a) Restrictions. An
advertisement may not contain:
(i) Any
statement that is false or misleading.
(ii) Any statement that is disparaging of a
competitor's products.
(iii) Any
statement, design, device, or representation which is obscene or indecent.
(iv) Any statement, design,
device, or representation of, or relating to, analyses, standards, or tests,
irrespective of falsity, which is likely to mislead the consumer.
(v) Any statement, design, device, or
representation of, or relating to, any guaranty, irrespective of falsity, which
is likely to mislead the consumer. Nothing in this section shall prohibit the
use of any enforceable guaranty in substantially the following form: "We will
refund the purchase price to the purchaser if he is in any manner dissatisfied
with the contents of this package ---------- Blank to be filled in with the
name of the person making guarantee.
(vi) Any statement that the product is
produced, blended, made, bottled, packed, or sold under, or in accordance with,
any authorization, law, or regulation of any municipality, county, or State,
federal, or foreign government unless the statement is required or specifically
authorized by the laws or regulations of that government. If a municipal,
county, State, or federal permit number is stated, the permit number may not be
accompanied by any additional statement relating to it.
(b) Statements Inconsistent with Labeling.
The advertisement may not contain any statement concerning a brand or lot of
distilled spirits or wines that is inconsistent with any statement on the
labeling of it.
(c) Curative and
Therapeutic Effects. The advertisement may not contain any statement, design,
or device representing that the use of any distilled spirits or wines has
curative or therapeutic effects, if the statement is untrue in any particular,
or tends to create a misleading impression. Examples of these statements are:
(i) " ---------- is good for you";
(ii) "Conducive to well-being".
(d) Place of Origin. The
advertisement may not represent that the distilled spirits or wines were
manufactured in, or imported from, a place or country other than that of their
actual origin, or were produced or processed by one who was not in fact the
actual producer or processor.
(e)
Flags, Seals, Coats of Arms, Crests, and Other Insignia. An advertisement may
not contain any statement, design, device, or pictorial representation of, or
relating to, or capable of being construed as relating to the armed forces of
the United States, or of the American flag, any State flag, or of any emblem,
seal, insignia, or decoration associated with these flags or the armed forces
of the United States. An advertisement may not contain any statement, device,
design, or pictorial representation of or concerning any flag, seal, coat of
arms, crest, or other insignia, likely to lead the consumer to believe falsely
that the product has been endorsed, made, used by, produced for, or under the
supervision of, or in accordance with the specifications of the government,
organization, family, or individual with whom that flag, seal, coat of arms,
crest, or insignia is associated.
(f) Examples of prohibited statements are:
(i) Reproduction of medals or facsimiles of
awards, when no medals or awards have been given or when the medals or awards
were not given on a competitive or comparative basis. For example, "Genuine
Sherry is made only in Spain".
(ii)
"Contains no neutral spirits or alcohol" or "This rum will not turn dark in the
bottle" or "All good wines are bottled at the winery".
(iii) "Analyzed by the Laboratory and found
to be pure free from deleterious ingredients", "Tested and approved", or
"Signed by The Research Institute".
(4) Other Prohibited Statements.
(a) Restrictions. An advertisement for
distilled spirits may not contain the words "bond", "bonded", "bottled in
bond", "aged in bond", or phrases containing these or synonymous terms, unless
those words or phrases appear upon the labels of the distilled spirits
advertised, and are stated in the advertisement in the manner and form in which
they appear upon the label.
(b)
Statements of Age. An advertisement for distilled spirits may 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 labels of the advertised product. When this statement, design,
or device concerning age or maturity is contained in any advertisement, it
shall include (in direct conjunction with it and with substantially equal
conspicuousness) all parts of the statement concerning age and percentages, if
any, which appear on the label. However, an advertisement for any whiskey or
brandy, which does not bear a statement of age on the label, or an
advertisement for rum which is 4 years old or older, may contain general
inconspicuous age, maturity, or other similar representations, such as "Aged in
wood", and "Mellowed in fine oak casks."
(c) Restrictions. An advertisement for wine
may not contain:
(i) Any statement of bonded
winecellar and bonded winery numbers unless stated in direct conjunction with
the name and address of the person operating that winery or storeroom.
Statement of bonded winecellar and bonded winery numbers may be made in the
following form: "Bonded Winecellar No.--", "Bonded Winery No.--", "B.W.C.
No.--", "B.W. No.--". An additional reference to that statement may not be
made, or may any use be made of that statement that may convey the impression
that the wine has been made or matured under U.S. Government or any State
Government supervision or in accordance with U.S. Government or any State
Government specifications or standards.
(ii) Any statement, design, device, or
representation which relates to alcoholic content or which tends to create the
impression that a wine is "unfortified" or has been "fortified", or has
intoxicating qualities, or contains distilled spirits (except for a reference
to distilled spirits in a statement of composition when the statement is
required by this regulation to appear as a part of the designation of the
product).
(d) Statement
of Age. A statement of age or representation relative to age (including words
or devices in any brand name or mark) may not be made, except that:
(i) In the case of vintage wine, the year of
vintage may be stated if it appears on the label;
(ii) Truthful references of a general and
informative nature relating to methods of production involving storage or
aging, such as "This wine has been mellowed in oak casks", "Stored in small
barrels", or "Matured at regulated temperatures in our cellars" may be made.
(e) Statement of
Bottling Dates. The statement of any bottling date may not be deemed to be a
representation relative to age, if the statement appears without undue emphasis
in the following form: "Bottled in--" (inserting the year in which the wine was
bottled).
(f) Statement of
Miscellaneous Dates. No date, except as provided in C(4)(b) and C(4)(c) with
respect to statement of vintage year and bottling date, shall be stated unless,
in addition to it, and in direct conjunction with it, in the same size and kind
of printing there shall be stated an explanation of the significance of the
date. If any date refers to the date of establishment of any business, the date
shall be stated without undue emphasis and in direct conjunction with the name
of the person to whom it refers.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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