N.J. Admin. Code § 13:2-24.11

Current through Register Vol. 56, No. 7, April 1, 2024

Section 13:2-24.11 - Manufacturers' rebates and coupons

(a) Subject to the provisions of this section, a manufacturer, distiller, blender and rectifier, brewer, vintner, or any importer may offer mail-in rebates or refunds of a portion of the purchase price of alcoholic beverages directly to consumers.

1. No such rebate may be for more than the full amount of the retail purchase price of the alcoholic beverage. In addition, the reimbursement of first-class postage to the consumer for the cost of mailing in the rebate offer for redemption is permitted.

2. Any such rebate offer shall require a form, with all the terms and conditions of the rebate offer clearly stated thereon, to be completed and mailed by a consumer who must be of legal age to purchase alcoholic beverages. A proof-of-purchase may also be required to be submitted with the form. Such forms shall be distributed to consumers via advertisements in newspapers, magazines, circulars of general distribution, or internet site; by general address mailings; by point-of-sale tear-off pads on retail licensed premises; or by neck-hangers or other attachments on bottles or packaging or other similar means of distribution; provided that such pads, neck-hangers, or other attachments or other similar means of distribution shall be non-discriminatorily distributed to licensees within a targeted advertising area.

3. Any rebate offered in accordance with this section shall be mailed to the consumer completing the form at the address shown thereon in the form of cash or check only.

4. At least 10 days prior to the commencement of any rebate promotion offered in accordance with this section, the manufacturer, distiller, blender and rectifier, brewer, vintner, or importer making such rebate offer shall file in duplicate with the Director of the Division of Alcoholic Beverage Control a statement setting forth all terms and conditions of the rebate offer, including, but not limited to, the amount of rebate, any proof-of-purchase requirement, the effective dates of the offer, the marketing area in which the offer will be promoted, how the offer will be advertised to the public and the name and address of any clearinghouse retained to process rebates. A facsimile or copy of the rebate offer form shall also be filed in duplicate. The Division shall promptly be notified of any change in the terms of a rebate offer prior to such changes taking place.

(b) No manufacturer, distiller, blender and rectifier, brewer, vintner, importer, wholesaler or distributor shall provide or distribute by any means whatsoever any coupon or certificate redeemable for a discount on or "cents-off" the purchase price of any alcoholic beverage by a consumer at any retail licensed premises, nor shall any retail licensee redeem any such coupon or certificate.

(c) No manufacturer, distiller, blender and rectifier, brewer, vintner, importer, wholesaler or distributor shall provide or distribute any instant win coupon, ticket, cap, game card or the like.

(d) A retail licensee may advertise a net final price or a reduction in the price of an alcoholic beverage product or package offered for sale by reason of a manufacturer's rebate or refund, provided that the manufacturer's rebate or refund is conspicuously displayed in the advertising.

N.J. Admin. Code § 13:2-24.11

New Rule, R.1983 d.361, effective 9/6/1983.
See: 15 N.J.R. 1003, 15 N.J.R. 1478(a).
Amended by R.1983 d.644, effective 1/17/1984.
See: 15 N.J.R. 1830(a), 16 N.J.R. 146(a).
(a)5 and (a)6 added, (c) added.
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
Added other means of providing rebate forms.
Administrative Correction.
See: 28 N.J.R. 1552(a).
Amended by R.2000 d.342, effective 8/21/2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
In (a)2, deleted "or" following "magazines," and added ", or internet site" following "distribution".
Amended by R.2006 d.67, effective 2/21/2006.
See: 37 N.J.R. 3221(a), 38 N.J.R. 1193(a).
Added (c); recodified former (c) as (d).