| (a) An advertisement for an alcoholic beverage shall
not contain:
(1) any statement that is false or untrue in any particular
or that irrespective of falsity, directly or by ambiguity, omission,
or inference, or by the addition of irrelevant, scientific, or technical
matter, tends to create a misleading impression;
(2) any statement that is disparaging of a competitor's
product;
(3) any statement, design, device, or representation
that is obscene or indecent;
(4) any statement, design, device, or representation
of or relating to analyses, standards or tests, irrespective of falsity,
that the administrator finds likely to mislead the consumer;
(5) any statement of, or any statement likely to be
interpreted as a statement regarding intoxicating qualities; nor
(6) any statement, design, device, or representation
of or relating to any guarantee, irrespective of falsity, that the
executive director finds to be likely to mislead the consumer. Enforceable
money back guarantees are not prohibited.
(b) Statements inconsistent with labeling. The advertisement
shall not contain any statement concerning a brand or lot of alcoholic
beverage that is prohibited from appearing on the label or inconsistent
with any statement on the label thereof.
(c) Curative and therapeutic effects. The advertisement
shall not contain any statement, design, or device representing that
the use of any alcoholic beverage has curative or therapeutic effect,
if such statement is untrue in any particular, or tends to create
a misleading impression.
(d) Place of origin. The advertisement shall not represent
that the alcoholic beverage was manufactured in or imported from a
place or country other than that of their actual origin, or was produced
or processed by one who was not in fact the actual producer or processor.
(e) Confusion of brands. Two or more different brands
or lots of alcoholic beverages shall not be advertised in one advertisement
(or in two or more advertisements in one issue of a periodical or
newspaper, or in one piece of other written, printed, or graphic matter)
if the advertisement tends to create the impression that representations
made as to one brand or lot apply to the other or others, and if as
to such latter the representations contravene any provisions of this
regulation or are in any respect untrue.
(f) Flags, seals, coats of arms, crests, and other
insignia.
(1) An advertisement or product label shall not contain
any statement, design, device, or pictorial representation that relates
to or is capable of being construed as relating to the armed forces
of the United States, or the American flag, or the Texas flag, or
any emblem, seal, insignia, or decoration associated with such flag
or armed forces; nor shall any advertisement contain any statement,
design, device, or pictorial representation of or concerning any flag,
seal, coat of arms, crest, or other insignia unless an exception to
this rule is granted by the executive director under subsection (2)
of this section.
(2) The executive director, in their sole discretion,
may authorize an exception to subsection (1) of this section upon
written request. The executive director shall authorize an exception
if the advertisement or product label is not likely to mislead or
capable of misleading the consumer to believe that the product has
been endorsed, made, or used by, or produced for or 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, crest,
or insignia is associated.
(g) An advertisement for an alcoholic beverage product
shall not contain any statement that the product is distilled, blended,
made, bottled, or sold under or in accordance with any municipal,
state, federal, or foreign authorization, law or regulation, unless
such statement appears in the manner authorized by this chapter. If
a municipal, state or federal permit number is stated, such permit
number shall not be accompanied by any additional statements relating
thereto.
(h) No alcoholic beverage possessed for the purpose
of sale in this state shall be advertised for sale as the result of
fire, smoke, or water damage to the label, container or contents.
(i) Subsections (b) and (h) of this section do not
apply to the institutional advertising of wines inside any building
in an area where the sale of such wines is legal, provided that the
advertising has been approved by the executive director.
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