N.Y. Comp. Codes R. & Regs. tit. 9 § 99.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 99.1 - Declaration

(a) The authority recognizes that responsible advertising of alcoholic beverages by licensees constitutes a proper medium of information to the general public. Advertising which is deceptive or misleading to the consumer or general public is contrary to the public interest and is not conducive to the proper regulation and control of the traffic in alcoholic beverages.

(1) Advertisements of any kind which tend to promote the belief that groups of package stores are being operated as a liquor store chain or are jointly owned or operated are misleading and deceptive.

(2) It is the considered judgment of the authority that, in the absence of appropriate notification to the public, joint or group advertisements listing the names and addresses of multiple licensees and containing a common symbol or name, and related practices involving the use of such common symbol or name, may (i) create the impression that the licensees are a chain enterprise or are jointly owned, operated or controlled, (ii) tend to deceive the consumer, and (iii) constitute misleading and deceptive advertising and offering of alcoholic beverages.

(b) Advertisements that certain products are on sale or represent special values tend also to be misleading or deceptive, particularly in light of statutory provisions which prohibit the sale of liquor and wine below legally established prices. Advertisements purporting to set forth the suggested retail price or list price, or the true or actual value of a product, similarly tend to mislead or deceive the consumer, particularly insofar as they may create an impression that a product is on sale at a new low price when in fact the price has not been reduced by the licensee.

(c) To eliminate such deceptive or misleading advertising and related practices, which contravene the provisions, intent and purpose of the Alcoholic Beverage Control Law and the policy of this State, and which deceive or tend to deceive the consumer and general public, the authority has adopted this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 99.1