Tenn. Comp. R. & Regs. 0100-03-.01 - ADVERTISING OF ALCOHOLIC BEVERAGES GENERALLY

Current through March 20, 2022

(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.

Notes

Tenn. Comp. R. & Regs. 0100-03-.01
Original rule certified June 7, 1974. Amendment by Public Chapter 261; effective July 1, 1983. Amendment filed October 1, 1998; effective December 15, 1998. Repeal and new rules filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed January 25, 2019; to have become effective April 25, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date 6/24/2019.

Authority: T.C.A. ยงยง 57-1-203, 57-3-104, 57-4-201, and 57-818.

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