40 Pa. Code § 13.13 - Prohibited statements
No advertisement of distilled spirits may contain any of the following:
(1) Any statement that
is false or misleading.
(2) Any
statement that is disparaging of the products of a competitor.
(3) Any statement or representation which is
obscene.
(4) Any statement or
representation relating to analyses, standards or tests likely to mislead the
consumer, irrespective of falsity.
(5) Any statement or representation relating
to any guaranty likely to mislead the consumer, irrespective of
falsity.
(6) Any statement that the
product is produced or sold in accordance with any authorization, law or
regulation of any municipality, county, State, Federal or foreign government,
unless such statement is specifically required or authorized by the laws or
regulations of such entity. Where a municipal, county, State or Federal permit
number is stated, such permit number shall not be accompanied by any additional
statement relating thereto.
(7) Any
statement concerning a brand or lot of distilled spirits that is inconsistent
with any statement on the labeling thereof.
(8) Any statement or representation that the
use of any distilled spirits has curative or therapeutic effects, where such
statement is untrue tends to create a misleading impression.
(9) Any statement that the distilled spirits
were manufactured in, or imported from, a place other than that of actual
origin, or were produced or processed by one who was not the true producer or
processor.
(10) Any statement or
representation of, relating to, or capable of being construed as relating to
the Armed Forces of the United States, the American Flag, any state flag or any
emblem, seal, insignia or decoration associated with such a flag or the Armed
Forces of the United States; or any statement or representation of or
concerning any flag, seal, coat of arms, crest, other insignia, or Pennsylvania
Keystone, 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, insignia, or
Pennsylvania Keystone is associated.
(11) The words "bond," "bonded," "bottled in
bond," "aged in bond" or phrases containing these or synonymous terms, unless
such words or phrases appear in the advertisement in the form in which they
appear upon the label.
(12) Any
statement or representation concerning the age of any brand or lot of distilled
spirits, unless a statement of age appears on the label of such product. Where
any such statement or representation is contained, it shall include all parts
of the statement concerning age and percentages, which appear on the label. An
advertisement for any whisky or brandy which does not bear a statement of age
on the label, or for rum four or more years old, may contain general
inconspicuous age representations, for example, "Aged in Wood," "Mellowed in
fine oak casks," etc.
(13) Any statement or representation
referring to religious holidays. References to the Christmas holiday season may
be made where such references do not include strictly religious themes. The
continued use of labels and advertisements for certain products which for many
generations have referred to monasteries and religious orders will be
permitted.
(14) Any statement or
representation implying that the consumption of distilled spirits enhances
athletic prowess, or any reference to any known athlete, if it implies that the
use of distilled spirits contributed to the athletic achievements of such
person.
(15) Any illustration of a
person which is immodest, undignified or in bad taste.
(16) Any illustration depicting the use of
distilled spirits in a scene which is undignified, immodest or in bad
taste.
(17) Any offer of a prize or
award to a consumer for the completion of any contest requiring a purchase of
the advertised product. No distilled spirits advertisement shall promote a game
of chance or lottery.
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