Rules & Regulations of the State of Tennessee
Title 0100 - Alcoholic Beverage Commission
Chapter 0100-03 - Local Option Liquor Rules
Section 0100-03-.01 - ADVERTISING OF ALCOHOLIC BEVERAGES GENERALLY
Universal Citation: TN Comp Rules and Regs 0100-03-.01
Current through September 24, 2024
(1) Statements Prohibited in Advertisements of Alcoholic Beverages.
(a) Restrictions. An advertisement shall not
contain:
1. Any statement that is materially
false or misleading.
2. Any
statement that is disparaging of a competitor's products.
3. Any statement, design, device, or
representation which is obscene or indecent.
4. Any statement, design, device, or
representation of or relating to analysis, standards, or tests, irrespective of
falsity, which is likely to mislead the consumer.
5. Any statement, design, device, or
representation of or relating to any guaranty, irrespective of falsity, which
is likely to mislead the consumer.
6. 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:
1. 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 if including such statement,
design, devices, or pictorial representation is likely to falsely lead the
consumer to believe that the product has been endorsed, made, used by, produced
for, under the supervision of, or in accordance with the specifications of the
government or armed forces; or
2.
Any statement, device, design, or pictorial representation of or concerning any
flag, seal, coat of arms, crest, or other insignia, if including such flag,
emblem, seal, coat of arms, crest, insignia, or decoration is likely to falsely
lead the consumer to believe that the product has been endorsed, made, used by,
produced for, under the supervision of, or 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.
(2) Prior Approval. Advertisements conforming to the foregoing provisions need not have prior approval of the Commission before publication.
(3) Advertising by Licensees and Permittees.
(a) Advertising by any licensee or permittee
shall be allowed on the internet, or any other computer-accessed communication;
however, such advertisement shall be subject to Rule 0100-03-.01 and Rule
0100-03-.03.
(b) Any licensee or permittee under Title 57
of Tennessee Code Annotated may develop email or other computer-access
communication mailing lists, and may respond by electronic mail or other
computerized communication (including, but not limited to, mobile devices and
electronic communications via social media) to any party making inquiry by
providing information regarding alcoholic beverages or any other products or
services which may be sold or provided in accordance with laws, rules, and
regulations of the State of Tennessee.
(c) Manufacturers, importers, non-resident
sellers, non-manufacturer non-resident sellers, wholesalers, or any
representative thereof, may place posts or messages on social media to identify
to consumers the retail locations where the industry member's product may be
purchased at retail in the manner specified in Rule
0100-06-.03(4).
(d) Licensees and permittees engaged in
internet advertising shall not directly or indirectly falsely identify
themselves in any advertising or in domain addresses.
Authority: T.C.A. §§ 57-1-203, 57-3-104, 57-4-201, and 57-818.
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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