The U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau
(TTB) has issued guidance to industry on the “Use of Social Media in the
Advertising of Alcohol Beverages.”

According to the May 13, 2013, circular, TTB considers that the advertising
provisions of the Federal Alcohol Administration Act (FAA Act) apply to all
advertisements “including social media.” The guidance aims to provide “a
basis for voluntary compliance with the FAA Act and the TTB advertising
regulations with regard to social media, both in terms of required mandatory
statements and prohibited practices or statements.”

TTB defines social media outlets as social network services, video sharing sites, blogs, microblogs, forums or comment sections on websites, apps for mobile devices, and links and quick response codes. Applicable to advertisements for wine, distilled spirits and malt beverages, the requirements include posting a responsible advertiser name and address and avoiding prohibited statements, including false health claims.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.