Current through Register Vol. XLI, No. 50, December 13, 2024
Section 176-1-7 - Advertising7.1. Any West Virginia licensed retailer may advertise nonintoxicating beer products including, but not limited to the following manner: 7.1.a. By a display or displays, of nominal value less than $25 per stock keeping unit, of such products and their containers within the licensed establishment. The licensed retailer and a licensed representative providing a display shall retain records of the value of all displays.7.1.b. Within licensed establishments by signs, posters, placards, graphic displays, decorations or other similar advertising matter including crepe paper, plastic static window clings displayed to the public, or other background or decorative material, signs, placards, posters or other similar advertising matter.7.1.c. By advertisements in any advertising medium that nonintoxicating beer or nonintoxicating craft beer is offered for sale on the licensed premises and listing the price and brand of the beer, subject to the approval by a brewer or resident brewer of a brewer or resident brewer's logos, copyright, trademarks, and trade dress being used for the advertisement.7.2. Advertising matter as in subdivision 7.1.b. of these rules may be furnished to a licensed retailer by a licensed representative of a brewer, resident brewer, or distributor only if it has no value to the licensed retailer, except as a nominal value advertisement.7.2.a. No brewer, resident brewer, or distributor shall directly or indirectly pay or credit a licensed retailer for displaying any advertisement or for any expense incidental to the advertisement. A brewer, resident brewer, or distributor shall not make offers of payments or payments to a licensed retailer, or one another, where a payment is offered to gain access, preference, advantage, or any other pay-to play arrangement.7.3. Any advertisement of nonintoxicating beer may not contain the following:7.3.a. Any statement that is disparaging of a competitor's product;7.3.b. Any statement, device or representation that is obscene or indecent, including depictions or descriptions of nonintoxicating beer being consumed irresponsibly or intemperately;7.3.c. Any statement that is false, misleading, or deceptive in any manner;7.3.d. Any statement that may intimate or state that drinking of the advertised product produces good health, affects weight or similar statements; and7.3.e. Any statement or display that may encourage intemperance or advertising presentations designed to appeal to persons below the legal drinking age.7.4. Advertising matter or gifts not exceeding $25.00 in value per stock keeping unit, may be given by a licensed resident brewer, brewer, or distributor representative if prior written approval of the Commissioner has been obtained by such representative, on a promotion request form provided by the Commissioner.