West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-10 - Distilleries, Mini-Distillries And Micro-Distillries › Section 175-10-12 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General
				prohibition. - All advertising of West Virginia product or alcoholic liquor
				which encourages intemperance, is lewd or obscene, induces minors to purchase,
				or tends to deceive or misrepresent, is prohibited. Federal law which provides
				guidelines relative to acceptable and prohibited advertising of alcoholic
				liquors must be followed.
12.2.
				Application. - No person engaged in business as a producer, processor, licensed
				representative/broker, manufacturer (distillery, mini-distillery, or
				micro-distillery), bottler, importer, wholesaler, or retailer of alcoholic
				liquors or wine, directly or indirectly or through an affiliate, may publish or
				disseminate or cause to be published or disseminated in any billboard,
				newspaper, magazine or similar publication any advertisement of alcoholic
				liquors or wine, unless the advertisement is in conformity with this rule. This
				prohibition does not apply to the publisher of a newspaper, magazine or similar
				publication or the standardized outdoor advertising company which owns a
				billboard, unless such publisher or outdoor advertising company is engaged in
				business as a producer, manufacturer (distillery, mini-distillery, or
				micro-distillery), bottler, importer, wholesaler, or retailer of alcoholic
				liquors or wine, directly or indirectly or through an affiliate.
12.3. Mandatory statements.
12.3.a. Responsible advertiser. - An
				advertisement for alcoholic liquors shall state the name and address of the
				producer, manufacturer (distillery, mini-distillery, or micro-distillery),
				bottler, importer, or wholesaler responsible for its publication.
12.3.b. Class, type, and distinctive
				designation. - An advertisement for alcoholic liquors shall contain a
				conspicuous statement of the class and type or other designation of the product
				corresponding with the complete designation which appears on the brand label of
				the product.
12.3.c. Alcoholic
				content. - An advertisement shall state the alcoholic content of the product
				advertised in the manner and form the information appears on the label.
12.3.d. Percentage of neutral
				spirits and name of commodity. - An advertisement of distilled spirits (other
				than cordials, liqueurs, and specialties) produced by blending or
				rectification, if neutral spirits, shall state the percentage of neutral
				spirits used and the name of the commodity from which the neutral spirits have
				been distilled in substantially the manner and form in which the information
				appears on the labels of the product advertised. An advertisement of neutral
				spirits or of gin produced by a process of continuous distillation, shall state
				the name of the commodity from which the neutral spirits or gin have been
				distilled substantially in the manner and form in which the information appears
				on the label.
12.3.e. "Line" or
				"Brand" advertisements. - If an advertisement that does not mention a specific
				product but merely refers to a class of distilled spirits such as "Whiskey" or
				refers to several classes of distilled spirits (such as "Whiskey," "Brandy,"
				"Rum," "Gin," "Liquor," etc.) marketed under a single brand, the only
				information required by this section (section 12.4) is the name and address of
				the responsible advertiser.