Did you know that the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) regulates alcohol beverage advertising—and that “advertising” extends far beyond traditional print? For purposes of federal law, alcohol advertising includes digital content such as websites, social media posts, and online videos. If your company uses platforms like Instagram, Facebook, X (formerly Twitter), YouTube, or even your own website to promote alcoholic products, you may be subject to TTB regulations—and failing to comply could result in enforcement action.
What Does TTB Consider Advertising?
TTB interprets the advertising provisions of the Federal Alcohol Administration Act (“FAA Act”) and its implementing regulations (27 CFR Parts 4, 5, and 7) broadly. These rules apply to wine, distilled spirits, and malt beverages and cover all forms of marketing and promotional content across traditional and modern platforms.
Mandatory Information Required in Alcohol Advertising
Alcohol advertisements must include certain mandatory statements, depending on the type of beverage being promoted. These typically include:
- The name and address of the responsible advertiser (producer, bottler, importer, or wholesaler);
- A clear statement identifying the class and type of alcohol beverage; and
- For distilled spirits: The alcohol content stated as a percentage of alcohol by volume (ABV).
Other disclosures may be required depending on the product or specific claims made.
Consistency with Approved Labeling
All advertising must be consistent with the product’s approved label. For instance:
- If a label does not include the term “organic,” that claim should not appear in advertising.
- An image of the product label used in an advertisement must be an exact match of the label as approved by TTB or reflect an allowable revision.
Avoiding False or Misleading Claims
TTB strictly prohibits any advertising that could mislead consumers. Examples of prohibited claims include:
- Inaccurate statements about the product’s origin or alcohol classification;
- Health-related claims that suggest the product provides medical or therapeutic benefits;
- Any other false or misleading language that could confuse or deceive consumers.
How Lindsey Zahn P.C. Can Help You
At Lindsey Zahn P.C., we advise alcohol beverage clients on how to comply with unique and complex regulations. We can help:
- Review and vet advertising content (including print, digital, and social media);
- Conduct audits of company websites and social channels for TTB compliance;
- Provide guidance on mandatory disclosures and label-to-advertising consistency; and
- Advise on best practices to reduce regulatory risk.
If your company is developing new advertising content or undergoing a brand refresh, it’s a smart time to review your compliance strategy. Contact Lindsey Zahn P.C. today to schedule a courtesy consultation at info@zahnlawpc.com