Rules & Regulations of the State of Tennessee
Title 0100 - Alcoholic Beverage Commission
Chapter 0100-01 - Rules for the Sale of Liquor by the Drink
Section 0100-01-.01 - ADVERTISING
Universal Citation: TN Comp Rules and Regs 0100-01-.01
Current through September 24, 2024
(1) Billboards and Outside Signs.
(a) Alcoholic beverages may be advertised on
signs and billboards in cities and counties that have legalized the sale of
such beverages under the provisions of T.C.A. § 57-3-106.
(b) Advertising may bear trademarks, trade
slogans, or other distinctive designations associated with a particular brand,
while also bearing the name, advertising the establishment, or referring to the
services of any licensee. All advertising costs, direct or indirect, must be
borne by the on-premises consumption licensee, except as permitted by Rule
0100-06-.03.
(2) Advertising Outside the Licensed Premises Relating to the Availability of Alcoholic Beverages.
(a) Advertising on Radio or Television
Stations. The availability of alcoholic beverages may be advertised on radio or
television stations in Tennessee subject to the following restrictions:
1. Restrictions. An advertisement shall not
contain:
(i) Any statement that is materially
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 analysis, standards, or tests, irrespective of
falsity, which is likely to mislead the consumer.
(v) 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 such statement is required or specifically
authorized by the laws or regulations of such government; and if a municipal,
county, state, or federal permit number is stated, such permit number shall not
be accompanied by any additional statement relating
thereto.
(b)
Statements Inconsistent with Labeling. No advertisement shall contain any
statement concerning a brand or lot of alcoholic beverages that is inconsistent
with any statement on the labeling thereof.
(c) Curative and Therapeutic Effects. No
advertisement shall contain any statement, design, or device representing that
the use of alcoholic beverages has curative or therapeutic effects, if such
statement is untrue in any particular, or tends to create a misleading
impression.
(d) Place of Origin. No
advertisement shall represent that the alcoholic beverages 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. No advertisement shall contain any
statement, design, devices, 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 any such flag or the armed forces of
the United States; nor shall any advertisement contain any statement, device,
design, or pictorial representation of or concerning any flag, seal, coat of
arms, crest, or other insignia, likely to falsely lead the consumer to believe
that the product has been endorsed, made, used by, produced for, under the
supervision of, in accordance with the specifications of the government,
organization, family, or individual with whom such flag, seal, coat of arms,
crest, or insignia is associated.
(f) Brand and Establishment Advertisement
Prohibited. No advertisement relating to the availability of any alcoholic
beverages in any licensed premises shall carry any advertising associated with
a particular brand of alcoholic beverages if the cost of such advertising is
paid by the industry member, except as permitted by Rule
0100-06-.03.
Authority: T.C.A. §§ 57-1-209, 57-3-104, and 57-4-201.
Disclaimer: These regulations may not be the most recent version. Tennessee 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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