Section 45.122 - Prohibited Statements(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.16 Tex. Admin. Code § 45.122
Adopted by Texas Register, Volume 46, Number 34, August 20, 2021, TexReg 5184, eff. 9/1/2021