Tenn. Comp. R. & Regs. 0100-03-.03 - ADVERTISING OF ALCOHOLIC BEVERAGES AND WINE BY DIRECT COMMUNICATIONS

Current through March 20, 2022

(1) Brands. Manufacturers, importers, non-resident sellers, non-manufacturer non-resident sellers, and Tennessee licensed wholesalers of or any representative thereof whose brands have been approved for distribution in Tennessee may advertise brands directly to consumers by mail and/or e-mail, internet, or any other computer-accessed communication (including, but not limited to, mobile devices and communications via social media); provided, however, measures are taken to prevent such communications from targeting individuals under the age of twenty-one (21).
(2) Restrictions. Direct communications advertising must conform substantially, where applicable, with the provisions of Rule 0100-03-.01 and in addition must not contain the name, address, or telephone number of any Tennessee-licensed wholesaler, retail food store, or retailer, other than the individual wholesaler, retail food store, or retailer that is directly responsible for sending the direct communication, and this extends to the return address on the envelope.
(3) Retailer Advertising. Subject to the restrictions of paragraphs (2) and (4) of this rule, a retailer licensed under T.C.A. § 57-3-204 may advertise any and all services and products the retailer is authorized to sell or provide under Title 57 of Tennessee Code Annotated or any rules and regulations adopted by the Commission in accordance therewith.
(4) Restrictions on Direct Communications.
(a) A retail package store or retail food store may send a communication directly to a consumer unless a consumer has made a request to the licensee to not receive such communication in writing or via e-mail.
(b) No manufacturers, importers, non-resident sellers, non-manufacturer non-resident sellers, and Tennessee licensed wholesalers of alcoholic beverages may subsidize, contribute, or otherwise compensate a retailer, wholesaler, or retail food store for any direct communication advertising or otherwise assist, directly or indirectly, with the cost or preparation of any direct communication advertisement.
(c) A retailer shall not be deemed to be in violation of this section unless it can be established that a consumer has made a request to be removed from the mailing, email list, or other direct communication and such consumer continued to receive such communications after fourteen (14) days following such a request.
(d) For any direct communications, measures must be taken to prevent such communications from targeting individuals under the age of twenty-one (21). Any direct communications must afford the consumer the ability to opt out of the communications.
(e) Each violation of this rule may result in suspension or revocation of a license or a fine not to exceed the statutory maximum.

Notes

Tenn. Comp. R. & Regs. 0100-03-.03
Original rule certified June 7, 1974. Amendment filed October 29, 1984; effective November 28, 1984. Amendment filed August 15, 1997; effective December 29, 1997. Amendment filed August 18, 1998; effective December 29, 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. §§ 57-1-209, 57-3-104, 57-3-104(c)(4), and 57-4-201.

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