Alcohol Marketing & Advertising
Overview of Alcohol Marketing & Advertising Laws in California
California’s tied house laws strictly limit how wine, beer, and spirits producers and wholesalers market alcoholic beverages, and particularly how they communicate and work with retailers. Tied house laws ban marketing conduct that is both legal and commonplace in other sectors of the food and beverage industry. To promote alcoholic beverages, industry members need to know when and how they can work within the long list of regulatory exceptions to these laws. The exceptions create opportunities to market wine, beer, and distilled spirits.
Common legal risks include tied house violations, improper promotions, and misleading ads.
Working with an experienced alcohol lawyer can help you maintain compliance, avoid negative licensing outcomes like fines or license suspensions, and take advantage of regulatory provisions that create opportunities for alcohol marketing.
Alcohol Advertising Laws
Federal, state, and local laws regulate advertisements for wine, beer, and distilled spirits. State and local laws vary. Industry members should consult an alcohol law specialist about both advertisements and their work with third party marketing providers, including influencers. Noncompliance can lead to fines, license suspensions, and claims for unfair competition.
Federal, state, and local laws regulate advertisements for wine, beer, and distilled spirits. State and local laws vary. Industry members should consult an alcohol law specialist about both advertisements and their work with third party marketing providers, including influencers. Noncompliance can lead to fines, license suspensions, and claims for unfair competition.
Alcohol Marketing Laws
Key topics in federal and California alcohol marketing laws include the the following:
- Combination Packaging
- Co-Branding
- Credit & Pricing
- Quantity Discounts
- Coupons & Other Discounts
- Samples
- Instruction About Wine, Beer, and Distilled Spirits for Industry Members
- Tours of Licensed Premises
- Tastings
- Club-Based Subscription Services
- Working with Third Party Marketing and Fulfillment Companies
- Signage (Exterior and Interior)
- Decorations
- Displays & In-Store Promotional Materials
- Advertising Specialties (Branded Giveaway Items)
- Wine & Distilled Spirits Lists
- Contests
- Sponsorship of Competitive Events
- Sweepstakes
- Stock-Related Services for Off-Sale Retailers (Stocking, etc.)
- Shelf Schematics
- Market Research Sharing
- Tap-Related Services & Equipment for On-Sale Retailers
- Glassware
- Bar Night Promotions
- Free Rides Home
- Delivery
- Public Service Activities
- Sponsorship of Nonprofit Events & Benefits
- Gifts of Alcoholic Beverages
- Invitation-Only Events for Consumers
- Lists of Retail Outlets
- Venue-Specific Marketing Opportunities
- Record-Keeping Requirements
Advertising
Key topics in federal and California alcohol advertising laws include the following:
- Federal and California Advertising Requirements
- Local Advertising Requirements
- National Industry Advertising Standards
- Lists of Retail Outlets
- Influencers
- Endorsements & Testimonials
- Record-Keeping Requirements
Maintaining Compliance & Maximizing Opportunities
Gillian’s goal is to help clients maintain compliance AND take advantage of special marketing opportunities created by California and federal exceptions to tied house laws.
Gillian frequently advises clients about:
- Promotional programs and materials.
- Advertising and messaging.
- Internal compliance programs and training manuals.
- Marketing-related enforcement actions brought by state and federal alcohol regulators (ABC and TTB).
How Gillian Garrett Law, PC Helps: Strategic Counsel for Alcohol Marketers
Gillian focuses 100% of her practice on alcohol law. She routinely advises clients about marketing and advertising related legal issues.
Frequently Asked Questions:
A complex framework of federal, state, and local laws regulate wine, beer, and liquor marketing and advertising.
Yes. All alcohol ads should target a 21+ audience.
It depends. Under certain conditions, some industry members (but not others) can sponsor contests and offer giveaways. These are both important topics to discuss with an alcohol law specialist.
Yes, if they follow legal requirements. This is another good topic to discuss with an alcohol law specialist.
Yes. Industry members should consult an alcohol law specialist to make sure they understand all the legal requirements.
The ABC or TTB, or both, may investigate the ad (or ad campaign) and initiate an enforcement action, which could ultimately result in a fine or a license suspension. Competitors or others may also pursue claims, as appropriate.
It depends on the location, the venue, and whether a nonprofit benefits from the event. This is another important topic to discuss with an alcohol law specialist.
