Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 1 - Advertising Distilled Spirits and Wine › Section 804 KAR 1:030 - Prohibited alcoholic beverage advertisements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				244.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				244.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				244.130 authorizes the board to prohibit
				alcoholic beverage advertising practices by administrative regulations. This
				administrative regulation prohibits certain advertising relating to alcoholic
				beverages.
Section 1. Prohibited
			 Advertising. An advertisement for any alcoholic beverage shall not:
(1) Be false or misleading;
(2) Disparage, slander, or libel a
			 competitor's product;
(3) Be
			 obscene or indecent;
(4) Represent
			 the alcoholic beverage is produced, brewed, distilled, blended, made, bottled,
			 or sold under or in accordance with any municipal, state, or federal
			 authorization, law, or regulation; and if a municipal, state, or federal permit
			 number is stated, such permit number shall not be accompanied by any additional
			 statement relating thereto;
(5)
			 Contain representations about an alcoholic beverage brand or product which is
			 inconsistent with any label statement;
(6) Represent that the use of any alcoholic
			 beverage has curative properties, therapeutic effects, good health benefits,
			 weight reducing effects, muscle growth effects, or any other like
			 representation if the representation is untrue in any particular or tends to
			 create a misleading impression;
(7)
			 Advertise two (2) or more different alcoholic beverage brands or products in
			 one (1) advertisement if the advertisement tends to create the impression that
			 a representation made as to one (1) brand or product applies to the
			 other;.
(8) Relate to or be capable
			 of being construed as relating to the armed forces;
(9) Depict any flag, seal, coat of arms,
			 crest, or other insignia, which is likely to mislead a consumer to believe that
			 the product has been endorsed, made, used by, produced for, or under the
			 supervision or approval of the government, organization, family, or individual
			 with whom such flag, seal, coat of arms, crest, or insignia is
			 associated;
(10) Use the terms
			 "free" or "complimentary" alcoholic beverages, or any other terms, which imply
			 or suggest giveaways of alcoholic beverages unless the statement references
			 permissible manufacturer or wholesaler coupons or limited samples that the
			 licensee is authorized to serve under a license held;
(11) Use the phrase "all-you-can-drink",
			 "unlimited drinks", or any other phrase or terms that imply or suggest that a
			 consumer will receive an unlimited number of alcoholic beverage drinks upon
			 payment of a fee;
(12) Take any
			 action, directly or indirectly, to target minors in the advertising, promotion,
			 or marketing of alcoholic beverage products, or take any action the primary
			 purpose of which is to initiate, maintain, or increase the incidence of minor
			 consumption of alcoholic beverages;
(13) Offer or describe a product, service, or
			 activity, that is prohibited by Kentucky law; or
(14) Be prohibited by Federal law.