On Friday, November 1, 2024, TTB issued an updated Industry Circular on the use of social media in alcohol advertising. Not much is new. But TTB did add some additional guidance for using links in advertising
Here is what you need to know about using links:
o TTB considers all content about alcohol on social media to be advertising subject to alcohol laws, which means it has to comply with federal requirements for mandatory content in alcohol advertising and other laws. (27 C.F.R. §§ 4.62, 5.233, 7.233)
o When social network services and media sharing sites limit space available to provide mandatory information, industry members can still advertise if they provide a link directing consumers to a page containing the mandatory product information.
• The link should be clearly named to indicate the mandatory company and/or product information can be found by clicking (for example, “Product Information”).
• The link should take the user DIRECTLY to the mandatory information, which should be readily apparent, conspicuous, and legible.
• The link should NOT require the consumer to take additional steps to view the mandatory information.
o No requirements to sign in.
o No requirements to create an account.
• The link also should NOT take the user to a more general website that would require additional steps to find the information.
o Regardless of whether ads use links, all ads have to contain sufficient information about the product to ensure they are not misleading.
• Here is TTB’s example:
If a product requires a statement of composition, such as, “vodka with natural flavors,” then ads have to have the full statement of composition— not just “vodka.”
• TTB’s goal is to ensure consumers are not misled about the identity or quality of the product.
Please reach out if you have questions about complying with TTB’s advertising rules.
This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided on the understanding that it does not constitute the rendering of legal advice and does not form an attorney-client relationship. You can unsubscribe from future messages by replying “unsubscribe” to this message.
