In today’s digital landscape, social media is a vital tool for alcohol brands to connect with consumers, build awareness, and drive sales. But with that opportunity comes responsibility. Many alcohol industry members ask the same question: Are alcohol social media accounts regulated? The short answer is yes—but not always in the same way traditional advertising is.
Federal Oversight: TTB’s Role
At the federal level, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) regulates alcohol advertising across print, broadcast, and digital platforms. Importantly, TTB considers social media accounts maintained by alcohol beverage companies to fall within the scope of “advertising.” This means that your Instagram posts, Facebook updates, TikTok videos, and even website content may be subject to the same rules as traditional advertising.
Some common TTB requirements for social media advertising include:
- Mandatory statements: Brand name, class/type of product, and responsible advertiser information may need to appear depending on the platform and format.
- Truthful advertising: Posts cannot be false or misleading.
- Prohibited statements: Claims about curative or therapeutic effects, disparaging competitors, or suggesting excessive consumption are not allowed.
Note that the specific requirements may vary slightly based on product type (i.e., wine versus spirits).
TTB has issued guidance clarifying that both static content (like posts and images) and interactive content (such as comments and replies managed by the brand) may fall under its review.
Self-Regulation and Industry Codes
Beyond federal rules, many alcohol companies voluntarily follow industry self-regulation codes, such as the Distilled Spirits Council of the United States (“DISCUS”) Code of Responsible Practices or the Beer Institute Advertising and Marketing Code. These standards typically address:
- Audience targeting: Ensuring marketing reaches adults of legal drinking age.
- Responsible drinking messages: Encouraging moderation.
- User-generated content: Monitoring and, when necessary, removing inappropriate consumer posts on brand accounts.
While these codes generally are not legally binding, they help maintain good industry standing and reduce the risk of regulatory scrutiny.
State-Level Considerations
Individual states may also regulate alcohol advertising, sometimes more strictly than federal rules. For example, some states restrict the use of certain terms, claims, or promotions, regardless of platform. A brand active on social media should be mindful not only of TTB’s requirements but also of the laws in the states where its products are sold.
Practical Takeaways for Alcohol Brands
- Treat social media like advertising: Assume posts and profiles are subject to TTB standards.
- Include required information: Ensure mandatory statements are present where applicable.
- Monitor engagement: Actively manage comments, tags, and user-generated content.
- Stay consistent: Apply the same compliance review process to digital posts as you would to print ads or labels.
How Lindsey Zahn P.C. Can Help
Navigating alcohol advertising regulations—especially on social media—can be complicated. At Lindsey Zahn P.C., we regularly assist wineries, breweries, distilleries, brand owners, and importers with reviewing advertising campaigns, websites, and social media content to ensure compliance with TTB, FDA, and state laws. We also advise on best practices for managing digital engagement and protecting your brand from regulatory risk.
If your company is building or expanding its online presence, we can help you understand the rules, avoid costly mistakes, and keep your marketing both creative and compliant. To learn more, visit our contact page and reach out today to schedule a consultation.
📩 Email us at info@zahnlawpc.com
🔗 Visit our Contact Page to get started.