Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › DISTILLED SPIRITS › Section 13.13 - Prohibited statements

Current through Register Vol. 54, No. 28, July 13, 2024
No advertisement of distilled spirits may contain any of
						the following:
(1) Any statement that
					 is false or misleading.
(2) Any
					 statement that is disparaging of the products of a competitor.
(3) Any statement or representation which is
					 obscene.
(4) Any statement or
					 representation relating to analyses, standards or tests likely to mislead the
					 consumer, irrespective of falsity.
(5) Any statement or representation relating
					 to any guaranty likely to mislead the consumer, irrespective of
					 falsity.
(6) Any statement that the
					 product is produced or sold in accordance with any authorization, law or
					 regulation of any municipality, county, State, Federal or foreign government,
					 unless such statement is specifically required or authorized by the laws or
					 regulations of such entity. Where a municipal, county, State or Federal permit
					 number is stated, such permit number shall not be accompanied by any additional
					 statement relating thereto.
(7) Any
					 statement concerning a brand or lot of distilled spirits that is inconsistent
					 with any statement on the labeling thereof.
(8) Any statement or representation that the
					 use of any distilled spirits has curative or therapeutic effects, where such
					 statement is untrue tends to create a misleading impression.
(9) Any statement that the distilled spirits
					 were manufactured in, or imported from, a place other than that of actual
					 origin, or were produced or processed by one who was not the true producer or
					 processor.
(10) Any statement or
					 representation of, relating to, or capable of being construed as relating to
					 the Armed Forces of the United States, the American Flag, any state flag or any
					 emblem, seal, insignia or decoration associated with such a flag or the Armed
					 Forces of the United States; or any statement or representation of or
					 concerning any flag, seal, coat of arms, crest, other insignia, or Pennsylvania
					 Keystone, 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, insignia, or
					 Pennsylvania Keystone is associated.
(11) The words "bond," "bonded," "bottled in
					 bond," "aged in bond" or phrases containing these or synonymous terms, unless
					 such words or phrases appear in the advertisement in the form in which they
					 appear upon the label.
(12) Any
					 statement or representation concerning the age of any brand or lot of distilled
					 spirits, unless a statement of age appears on the label of such product. Where
					 any such statement or representation is contained, it shall include all parts
					 of the statement concerning age and percentages, which appear on the label. An
					 advertisement for any whisky or brandy which does not bear a statement of age
					 on the label, or for rum four or more years old, may contain general
					 inconspicuous age representations, for example, "Aged in Wood," "Mellowed in
					 fine oak casks,"
etc.
(13) Any statement or representation
					 referring to religious holidays. References to the Christmas holiday season may
					 be made where such references do not include strictly religious themes. The
					 continued use of labels and advertisements for certain products which for many
					 generations have referred to monasteries and religious orders will be
					 permitted.
(14) Any statement or
					 representation implying that the consumption of distilled spirits enhances
					 athletic prowess, or any reference to any known athlete, if it implies that the
					 use of distilled spirits contributed to the athletic achievements of such
					 person.
(15) Any illustration of a
					 person which is immodest, undignified or in bad taste.
(16) Any illustration depicting the use of
					 distilled spirits in a scene which is undignified, immodest or in bad
					 taste.
(17) Any offer of a prize or
					 award to a consumer for the completion of any contest requiring a purchase of
					 the advertised product. No distilled spirits advertisement shall promote a game
					 of chance or lottery.
This section cited in 40 Pa. Code §
													13.11 (relating to mandatory
						  statements); and 40 Pa. Code §
													13.23 (relating to prohibited
						  statements).