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Advertising FAQs

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Advertising

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AD1: What is considered advertising material?

“Advertisement” or “advertising” includes any written or verbal statement, illustration, or depiction, which is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail. Examples include advertisements placed:

• in newspapers, magazines, other periodical literature, or publications;
• in trade booklets, menus, wine cards, leaflets, circulars, mailers, book or magazine inserts, catalogs, shelf talkers, sales pamphlets, or other promotional materials;
• on the internet, other electronic sites, or in social networking services such as Facebook, media sharing sites such as YouTube and Instagram, weblogs or “blogs”, microblogs such as X, a.k.a. Twitter, mobile apps, links, and QR codes;
• on any written, printed, graphic, or other matter (such as hang tags or bottle cones) accompanying, but not firmly affixed to, the container;
• on shipping cases, product displays, or indoor signs;
• on billboards, public transit cards, outdoor signs, or other outdoor displays;
• on radio, video, or television broadcast; and
• in any other media.

See TTB regulations at 27 CFR 4.61, 5.232, and 7.232 and TTB Industry Circular 2024-1, Use of Social Media in the Advertising of Alcohol Beverages. Last reviewed/updated 09/27/2023

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AD2: What information is required on alcohol beverage advertising for wine products?

With few exceptions, the following information is required on advertisements of wine products (see 27 CFR 4.62):

• Name, city, and State or the name and other contact information (such as, telephone number, website, or email address) where the responsible advertiser may be contacted;
• Class, type or distinctive designation to which the product belongs, corresponding with the information shown on the approved label. For example:
  • Red wine, White wine, Sparkling wine; or
  • Cabernet Sauvignon, Chardonnay; or
  • Champagne, Bordeaux; or
  • Red wine with natural flavors.
• Consumer specialty items, which are typically items designed to be carried away by the consumer, including t-shirts, hats, bumper stickers, or refrigerator magnets, are only required to have the company name of the responsible advertiser, or brand name of the product.

Learn more about TTB’s advertising regulations for wine at 27 CFR part 4, Subpart G. Last reviewed/updated 09/27/2023

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AD3: What information is required on alcohol beverage advertising for distilled spirits products?

With few exceptions, the following information is required on advertisements of distilled spirits products (see 27 CFR 5.233):

• Name, city, and State or the name and other contact information (such as, telephone number, website, or email address) where the responsible advertiser may be contacted;
• Class and type to which the product belongs, corresponding with the information shown on the approved label. For example:
  • Whisky, Gin, Brandy; or
  • Vodka, Bourbon Whiskey, Cognac; or
  • Neutral spirits with natural flavor and caramel color;
• Alcohol content shown as percent alcohol by volume (proof may be shown as additional information); and
• Percentage of neutral spirits and name of commodity, as required for certain distilled spirits.
• Consumer specialty items, which are typically items designed to be carried away by the consumer, including t-shirts, hats, bumper stickers, or refrigerator magnets, are only required to have the company name of the responsible advertiser, or brand name of the product.

Learn more about TTB’s advertising regulations for distilled spirits at 27 CFR part 5, Subpart N. Last reviewed/updated 09/27/2023

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AD4: What information is required on alcohol beverage advertising for malt beverage products?

With few exceptions, the following information is required on advertisements of malt beverage products (see 27 CFR 7.233):

• Name, city, and State or the name and other contact information (such as, telephone number, website, or email address) where the responsible advertiser may be contacted; and
• Class to which the product belongs, corresponding with the information shown on the approved label. For example:
  • Lager, Ale, Stout;
  • Raspberry Ale, Stout brewed with pumpkin and cinnamon.
• Consumer specialty items, which are typically items designed to be carried away by the consumer, including t-shirts, hats, bumper stickers, or refrigerator magnets, are only required to have the company name of the responsible advertiser, or brand name of the product.

Learn more about TTB’s advertising regulations for malt beverages at 27 CFR part 7, Subpart N. Last reviewed/updated 09/27/2023

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AD5: Does TTB require pre-market review and approval of advertising material or retail cartons?

The TTB regulations do not require review and approval of alcohol beverage advertisements or retail cartons prior to broadcast, publication, or printing. TTB will review these items for compliance at the industry member’s request at any time. While there is no requirement for preapproval of advertisements or cartons, asking TTB to pre‐clear them may avoid costs that might otherwise be associated with revising or withdrawing a noncompliant advertisement or carton after its broadcast, publication, or printing. To request pre-market review and clearance of these materials, submit images of the advertisement or carton to our office at market.compliance@ttb.gov. Please include the applicable Certificate of Label Approval ID number(s) for the associated product(s). Last reviewed/updated 09/27/2023

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AD6: How do I report noncompliant advertising that I see in the marketplace?

If you have a complaint about an alcohol beverage advertisement that you believe is in violation of TTB regulations, you may send an email to market.compliance@ttb.gov or contact us by telephone at 202-453-2251 (option 4). We encourage you to include as much information as possible, including images of the advertising material. We will review the information and, if necessary, take appropriate action. Last reviewed/updated 09/27/2023

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AD7: How does TTB view the term “clean” when used on labels or advertisements?

TTB regulations do not define the word “clean,” and we do not have standards for the use of the term on labels or in advertisements. Thus, consumers should not interpret the term as meaning that the beverage is organic or has met other production standards set by TTB. Instead, we review both labels and advertisements in their totality to determine if they create a misleading impression. In some cases, the term “clean” is simply being used as a descriptor of the taste of the beverage and is considered puffery. For example, “X winery makes a clean, crisp wine.” In other cases, the term is used together with other language to create the misleading impression that consumption of the alcohol beverage will have health benefits, or that the health risks otherwise associated with alcohol consumption will be mitigated. For example, “X malt beverage is clean and healthy” or “Y vodka’s clean production methods mean no headaches for you.” We would consider those claims to be misleading health-related statements. Last reviewed/updated 09/27/2023

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AD8: How does TTB view social media influencers in the context of alcohol beverage advertising?

TTB advertising regulations apply to advertisements published, disseminated, or caused to be published or disseminated by an industry member directly, indirectly, or through an affiliate. Accordingly, if an industry member causes a social media influencer (for example, by payment or other thing of value) to create content that advertises the industry member, its brand, or a specific product, TTB would consider such content as an advertisement under §§ 4.61, 5.232, and 7.232. Accordingly, such advertisements must contain all mandatory statements required by the regulations (in §§ 4.62, 5.233, and 7.233). Additionally, the regulations regarding prohibited practices or statements (in §§ 4.64, 5.235, and 7.235) also apply. Although the regulations do not require that mandatory statements appear in a particular location, TTB strongly recommends that, for the benefit of consumers, advertisers consider placing mandatory statements either in the advertisement itself or in a location where a viewer would most logically expect to find information about the brand or the company. If space is restricted in a manner that makes it difficult to include the mandatory information on the advertisement, this requirement may be satisfied by providing a link to another webpage that contains all of the mandatory information. The link should be clearly named or marked as to indicate that the mandatory company and/or product information can be found by clicking on the link. In addition, the link should take the user directly to the mandatory information, and not to a more general website that would require additional actions to find the information. For more information, see TTB Industry Circular 2024-1, Use of Social Media in the Advertising of Alcohol Beverages. Last reviewed/updated 09/27/2023

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AD9: Are branded digital media items distributed by industry members subject to advertising regulations under the FAA?

The advertising provisions of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(f), generally cover a regulated industry member’s publication or dissemination of any advertisement that is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail. The regulations apply to advertisements in any media, including the internet or any other electronic site or social network. See 27 CFR 4.61, 5.232, and 7.232. Thus, advertisements that include digital content are subject to the provisions of the FAA Act. Branded digital media items (such as digital works of art or other images or written materials) that are published or disseminated through electronic media, including items associated with transfers of non-fungible tokens (NFTs), may be subject to TTB’s advertising regulations, assuming all of the elements of the statute are met. If the advertisements are electronic forms of consumer specialty items (a term that traditionally includes consumer items such as t-shirts and refrigerator magnets), the only mandatory information necessary is the company name of the responsible advertiser or the brand name of the product. See 27 CFR 4.62(c)(2), 5.233(e)(2), and 7.233(c)(2). These advertisements may not include statements or representations that violate the prohibited practices regulations for advertisements. See 27 CFR 4.64, 5.235, and 7.235. Last reviewed/updated 06/10/2022