W. Va. Code R. § 175-10-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 175-10-12 - Advertising

12.1. General prohibition. - All advertising of West Virginia product or alcoholic liquor which encourages intemperance, is lewd or obscene, induces minors to purchase, or tends to deceive or misrepresent, is prohibited. Federal law which provides guidelines relative to acceptable and prohibited advertising of alcoholic liquors must be followed.

12.2. Application. - No person engaged in business as a producer, processor, licensed representative/broker, manufacturer (distillery, mini-distillery, or micro-distillery), bottler, importer, wholesaler, or retailer of alcoholic liquors or wine, directly or indirectly or through an affiliate, may publish or disseminate or cause to be published or disseminated in any billboard, newspaper, magazine or similar publication any advertisement of alcoholic liquors or wine, unless the advertisement is in conformity with this rule. This prohibition does not apply to the publisher of a newspaper, magazine or similar publication or the standardized outdoor advertising company which owns a billboard, unless such publisher or outdoor advertising company is engaged in business as a producer, manufacturer (distillery, mini-distillery, or micro-distillery), bottler, importer, wholesaler, or retailer of alcoholic liquors or wine, directly or indirectly or through an affiliate.

12.3. Mandatory statements.

12.3.a. Responsible advertiser. - An advertisement for alcoholic liquors shall state the name and address of the producer, manufacturer (distillery, mini-distillery, or micro-distillery), bottler, importer, or wholesaler responsible for its publication.

12.3.b. Class, type, and distinctive designation. - An advertisement for alcoholic liquors shall contain a conspicuous statement of the class and type or other designation of the product corresponding with the complete designation which appears on the brand label of the product.

12.3.c. Alcoholic content. - An advertisement shall state the alcoholic content of the product advertised in the manner and form the information appears on the label.

12.3.d. Percentage of neutral spirits and name of commodity. - An advertisement of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits, shall state the percentage of neutral spirits used and the name of the commodity from which the neutral spirits have been distilled in substantially the manner and form in which the information appears on the labels of the product advertised. An advertisement of neutral spirits or of gin produced by a process of continuous distillation, shall state the name of the commodity from which the neutral spirits or gin have been distilled substantially in the manner and form in which the information appears on the label.

12.3.e. "Line" or "Brand" advertisements. - If an advertisement that does not mention a specific product but merely refers to a class of distilled spirits such as "Whiskey" or refers to several classes of distilled spirits (such as "Whiskey," "Brandy," "Rum," "Gin," "Liquor," etc.) marketed under a single brand, the only information required by this section (section 12.4) is the name and address of the responsible advertiser.

12.4. Lettering. - Statements required by this rule to be stated in any written, printed, or graphic advertisement shall appear in lettering or type of a size, kind, and color sufficient to render them both conspicuous and readily legible. In particular:

12.4.a. Required information shall be stated against a contrasting background and in type or lettering that is at least the equivalent of eight point type.

12.4.b. Required information shall be stated as to appear to be a part of the advertisement and shall not be separated in any manner from the remainder of the advertisement.

12.4.c. Where an advertisement relates to more than one product, the required information shall appear in a manner as to clearly indicate the particular products to which it is applicable.

12.4.d. Required information may not be buried or concealed in unrequired descriptive matter or decorative designs.

12.5. Prohibited statements. - Generally.

12.5.a. Restrictions. - An advertisement may not contain:

12.5.a.1. Any statement that is false or misleading in any material particular. For example, the reproduction of medals or facsimiles of awards that were not given on a competitive or comparative basis is prohibited;

12.5.a.2. Any statement that is disparaging of a competitor's product. For example, an advertisement may not contain statements such as "Contains no neutral spirits or alcohol" or "This rum will not turn dark in the bottle;"

12.5.a.3. Any statement, design, device, or representation that is obscene, lewd, or indecent;

12.5.a.4. Any statement, design, device, or representation of, or relating to, analyses, standards, or tests, regardless of truth, which is likely to mislead the consumer; for example, an advertisement may not contain a statement such as "Analyzed by the laboratory and found to be pure and free from deleterious ingredients," or "Tested and approved. Signed by the Research Institute";

12.5.a.5. Any statement, design, device, or representation of, or relating to, any guaranty, regardless of truth, that is likely to mislead the consumer. However, nothing in this section prohibits the use of any enforceable guaranty in substantially the following form:

"We will refund the purchase price to the purchaser if he is in any manner dissatisfied with the contents of this package."

(Blank to be filled in with the name of person making guaranty.)

12.5.a.6. 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 the such statement is required or specifically authorized by the laws or regulations of such government; if a municipality, county, state or federal permit number is stated, the permit number may not be accompanied by any additional statement relating thereto.

12.5.b. Statements inconsistent with labeling. - An advertisement may not contain any statement concerning a brand or lot of distilled spirits that is inconsistent with any statement on the labeling;

12.5.c. Curative and therapeutic effects. - An advertisement may not contain any statement, design, or device representing that the use of any distilled spirits has curative or therapeutic effects, if such statement is untrue in any particular or tends to create a misleading impression. For example, advertisements may not contain statements such as "___________ is good for you" or "Conducive to well-being;"

12.5.d. Place of origin. - An advertisement may not represent that the distilled spirits 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.

12.5.e. Flags, seals, coats of arms, crests, and other insignia. - No advertisement may contain any statement, design, device, 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 any emblem, seal, insignia, or decoration associated with any such flag or entity. No advertisement may 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, or used by, or produced under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, cres,t or insignia is associated.

12.6. Prohibited statements. - Distilled spirits.

12.6.a. Restrictions. - An advertisement for distilled spirits may not contain:

12.6.a.1. The words "Bond," "Bonded," "Bottled In Bond" "Aged In Bond" or phrases containing these or synonymous terms, unless the words or phrases appear upon the label of the distilled spirits advertised and are stated in the advertisement in the manner and form as they appear upon the label; and

12.6.a.2. Statements of age. - An advertisement for distilled spirits may not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product. When any statement, design, or device concerning age or maturity is contained in any advertisement, it shall include (in direct conjunction and with substantially equal conspicuousness) all parts of the statement concerning age and percentages, if any, which appear on the label. However, an advertisement for any whiskey or brandy which does not bear a statement of age on the label or an advertisement for rum that is four years or more old may contain general inconspicuous age, maturity, or other similar representations, e.g., "Aged In Wood," "Mellowed In Fine Oak Casks."

W. Va. Code R. § 175-10-12