Section 0100-01-.01 - ADVERTISING(1) Billboards and Outside Signs. (a) Alcoholic beverages may be advertised on signs and billboards in cities and counties that have legalized the sale of such beverages under the provisions of T.C.A. § 57-3-106.(b) Advertising may bear trademarks, trade slogans, or other distinctive designations associated with a particular brand, while also bearing the name, advertising the establishment, or referring to the services of any licensee. All advertising costs, direct or indirect, must be borne by the on-premises consumption licensee, except as permitted by Rule 0100-06-.03.(2) Advertising Outside the Licensed Premises Relating to the Availability of Alcoholic Beverages. (a) Advertising on Radio or Television Stations. The availability of alcoholic beverages may be advertised on radio or television stations in Tennessee subject to the following restrictions: 1. Restrictions. An advertisement shall not contain:(i) Any statement that is materially false or misleading.(ii) Any statement that is disparaging of a competitor's products.(iii) Any statement, design, device, or representation which is obscene or indecent.(iv) Any statement, design, device, or representation of or relating to analysis, standards, or tests, irrespective of falsity, which is likely to mislead the consumer.(v) Any statement that the product is produced, blended, made, bottled, packed, or sold under, or in accordance with, any authorization, law, or regulation of any municipality, county, or state, federal or foreign government unless such statement is required or specifically authorized by the laws or regulations of such government; and if a municipal, county, state, or federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto.(b) Statements Inconsistent with Labeling. No advertisement shall contain any statement concerning a brand or lot of alcoholic beverages that is inconsistent with any statement on the labeling thereof.(c) Curative and Therapeutic Effects. No advertisement shall contain any statement, design, or device representing that the use of alcoholic beverages has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.(d) Place of Origin. No advertisement shall represent that the alcoholic beverages were manufactured in, or imported from a place or country other than that of their actual origin, or were produced or processed by one who was not in fact the actual producer or processor.(e) Flags, Seals, Coats of Arms, Crests, and Other Insignia. No advertisement shall contain any statement, design, devices, or pictorial representation of or relating to, or capable of being construed as relating to the armed forces of the United States, or of the American flag, any state flag, or of any emblem, seal, insignia, or decoration associated with any such flag or the armed forces of the United States; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to falsely lead the consumer to believe that the product has been endorsed, made, used by, produced for, under the supervision of, in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated.(f) Brand and Establishment Advertisement Prohibited. No advertisement relating to the availability of any alcoholic beverages in any licensed premises shall carry any advertising associated with a particular brand of alcoholic beverages if the cost of such advertising is paid by the industry member, except as permitted by Rule 0100-06-.03.Tenn. Comp. R. & Regs. 0100-01-.01
Original rule certified June 7, 1974. Amendment filed July 21, 1981; effective October 29, 1981. Amendment filed December 1, 1982, effective January 3, 1983. Amendment by Public Chapter 261; effective July 1, 1983. Amendment filed May 10, 1983; effective August 15, 1983. Amendment filed July 8, 1983; effective October 14, 1983. Amendment repealing and replacing the rule was filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed January 25, 2019; to have become effective April 25, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 24, 2019. Amendments filed February 9, 2024; effective 5/9/2024.Authority: T.C.A. §§ 57-1-209, 57-3-104, and 57-4-201.