Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › WINE › Section 13.23 - Prohibited statements

Current through Register Vol. 54, No. 28, July 13, 2024
No advertisement of wine under this subchapter may
						contain any of the following:
(1) Any
					 of the statements described in §
											13.13(1)-(6)
					 (relating to prohibited statements).
(2) Any statement concerning a brand or lot
					 of wine which is inconsistent with any statement on the labeling
					 thereof.
(3) Any statement, design
					 or device representing that the use of any wine has curative or therapeutic
					 effects, if such statement is untrue in any particular, or tends to create a
					 misleading impression.
(4) Any
					 statement that the wine was manufactured in, or imported from, a place other
					 than that of actual origin, or was produced or processed by one who was not the
					 true producer or processor.
(5) 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; nor 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.
(6) Any statement of bonded winecellar and
					 bonded winery numbers, unless stated in direct conjunction with the name and
					 address of the person operating such winery or storeroom. Statement of bonded
					 winecellar and bonded winery numbers may be made in the following form: "Bonded
					 Winecellar No.____," "Bonded Winery No. _____," "B.W.C. No. _____" or "B.W. No.
					 _____." No additional reference thereto shall be made, nor shall any use be
					 made of such statement that may convey the impression that the wine has been
					 made or matured under U.S. or any state government supervision, or in
					 accordance with U.S. or any state government specifications or
					 standards.
(7) Any statement or
					 representation relating to alcoholic content or which tends to create the
					 impression that a wine is "unfortified" or "fortified," has intoxicating
					 qualities, or contains distilled spirits, except where a reference to distilled
					 spirits in a statement of composition is required by this subchapter to appear
					 as a part of the designation of the product.
(8) Any statement relating to age except in
					 the following instances:
(i) In the case of
					 vintage wine, the year of vintage may be stated if it appears on the
					 label.
(ii) Truthful references of
					 an informative nature relating to methods of production involving storage or
					 aging (such as "This wine has been mellowed in oak casks," "Stored in small
					 barrels," or "Matured at regulated temperatures in our cellars") may be
					 made.
(iii) The statement of any
					 bottling date will not be deemed a representation of age if such statement
					 appears in the following form: "Bottled in _____", (inserting the year in which
					 the wine was bottled).
(iv) No
					 date, except as provided in subparagraphs (i)-(iii) shall be stated unless, in
					 addition direct conjunction therewith, in the same size and kind of printing
					 there is stated an explanation of the significance of such date. Where
					 reference is made to the date of establishment of any business, such date may
					 be stated without undue emphasis and in direct conjunction with the name of the
					 person to whom it refers.