Or. Admin. Code § 845-007-0020 - Restrictions
(1) The Commission
prohibits advertising if it contains:
(a)
False or misleading information;
(b) Claims that the alcoholic beverage has
curative or therapeutic effects;
(c) Claims that any government agency
endorses or supports the alcoholic beverage;
(d) The requirement of purchasing an
alcoholic beverage in order to receive a prize or merchandise unless the
manufacturer or wholesaler donates the prize or merchandise to a charitable
cause or community non-profit entity;
(e) Material so appealing to minors that it
encourages them to purchase, possess, or drink alcoholic beverages;
(f) A person displayed drinking an alcoholic
beverage;
(g) Material that
encourages the use of an alcoholic beverage because of its intoxicating effect;
(h) Statements or illustrations
that an alcoholic beverage causes athletic or artistic success;
(i) Material that encourages excessive or
rapid consumption.
(2)
The Commission prohibits any advertising of the promotional practices that are
prohibited under OAR 845-006-0345(10).
(3) Outside the licensed premises,
the Commission prohibits advertising of an alcoholic beverage for on-premises
consumption where the expressed or implied meaning is that a customer, in order
to receive a reduced price, would be required to purchase more than one drink
at a time, such as "two for the price of one", "buy one - get one free", or
"two for $_____".
(4) Advertising
is considered "outside the licensed premises" if the advertising is visible or
audible from the outside, including advertising on a website or on a telephone
answering machine recording. Responding via email or telephone to a question
from a member of the public is not considered advertising and thus is allowed.
(5) The Commission prohibits
advertising that violates OAR
845-015-0175 (Advertising by a
Retail Sales Agent).
(6) The
Commission prohibits manufacturers and wholesalers from giving retailers
point-of-sale items and advertising that the financial assistance laws prohibit
(ORS 471.398 and
471.400 and OAR
845-013-0050).
Notes
Stat. Auth.: ORS 471, 471.030 & 471.730(1) & (5)
Stats. Implemented: ORS 471.730(7)
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