Ala. Admin. Code r. 20-X-7-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 20-X-7-.01 - General Advertising Provisions

The following regulations shall apply to all advertising of alcoholic beverages regardless of medium:

(a) All proposed advertising may be submitted to the ABC Board for prior approval before dissemination within Alabama. This includes, but is not limited to, radio, television, newspapers, magazines, billboards, point-of-sale materials, novelty items, clothing, promotions, internet and aerial displays.

(b) A copy in duplicate of the format and message of the proposed advertisement may be submitted to the ABC Board for approval before the final release of the advertisement. If submitted, one copy shall be retained by the ABC Board and the other copy returned as authority for release of the advertisement.

(c) Advertising disseminated by way of T-shirts, caps, other clothing items and novelty items, may be submitted to and approved by the ABC Board prior to distribution. This regulation may be applicable to advertisements utilizing slogans, logos or brand names contained on T-shirts, caps, clothing and novelty items.

(d) Although prior approval is not required, failure to comply with the provisions of this chapter shall be considered a violation of the advertising provisions.

(e) The ABC Board may exercise its discretion to prohibit advertising it considers objectionable.

(f) All advertisements shall pertain to alcoholic beverages approved and/or listed by the ABC Board at the time such advertisements are disseminated.

(g) No advertisement may include any illustration(s) of any person(s) consuming alcoholic beverages or any person(s) posed in an immodest or sensuous manner, nor shall any advertising contain profanity or offensive language.

(h) No advertisement shall include anything which might appeal to minors by implying that the consumption of alcoholic beverages is fashionable or the accepted course of behavior.

(i) No promotional activities, sweepstakes, or contests may award alcoholic beverages as prizes.

(j) Refund coupons or cents-off coupons which require or induce the purchase of table wine or beer are prohibited.

(k) No ABC Board licensee may give to consumers any advertising or promotional items having more than advertising value. In cases of items having more than advertising value, including but not limited to T-shirts, caps, clothing and novelty items, the licensee may sell such items to consumers but must recover all costs thereof on a per unit basis in the resale to the consumer. This paragraph shall not be applicable to alcoholic beverages packaged by the manufacturer with an item or items of advertising contained therein, sometimes called an "on-pack".

Ala. Admin. Code r. 20-X-7-.01

Repealed and New: Filed August 21, 1998; effective October 16, 1998.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: ABC Board

Statutory Authority:Code of Ala. 1975, § 28-3-49.