804 KAR 1:030.
Prohibited statements.
RELATES TO: KRS
244.130
STATUTORY
AUTHORITY: KRS Chapter 13A
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 244.130 requires the Alcoholic Beverage Control
Board to prescribe administrative regulations dealing with advertising of
alcoholic beverages. This administrative regulation is to prevent false or
misleading advertising of distilled spirits and wine.
Section 1.
Prohibited Statements; Restrictions. An advertisement of distilled spirits or
wine shall not contain:
(1) Any
statement that is false or misleading in any material particular.
(2) Any
statement that is disparaging of a competitor's products.
(3) Any
statement, design, device, or representation which is obscene or indecent.
(4) Any
statement concerning or illustrations of family scenes pertaining to the home.
(5) Any
statement, design, device, or representation of or relating to analysis,
standards or tests, irrespective of falsity, which the Alcoholic Beverage
Control Board finds to be likely to mislead the consumer.
(6) Any
statement, design, device, or representation of or relating to any guaranty,
irrespective of falsity, which the Alcoholic Beverage Control Board finds to be
likely to mislead the consumer. No guaranty cards or labels shall be used that
would indicate the consumer would be entitled to a refund of the purchase price
if dissatisfied with the distilled spirits or wine.
(7) Any
statement that the distilled spirits or wine are produced, distilled, blended,
made, bottled, or sold under or in accordance with any municipal, state or
federal authorization, law or regulation; and if a municipal, state or federal
permit number is stated, such permit number shall not be accompanied by any
additional statement relating thereto.
(8) The words
"bond," "bonded," "bottled in bond," "aged
in bond," or phrases containing these or synonymous terms, unless such
words or phrases appear, pursuant to federal regulations upon the labels of the
distilled spirits advertised, and are stated in the advertisement in the manner
and form in which they are required to appear upon the label.
(9) Any
statement of bonded wine cellar and bonded winery numbers unless stated in
direct conjunction with the name and address of the person operating such
winery or storeroom. Statement of bonded wine cellar and bonded winery numbers
may be made in the following form: "Bonded Wine cellar No. ____,"
"Bonded Winery No. ____," "B.W.C. No. ____," "B.W. No.
____." No additional reference thereto shall be made, nor shall any use be
made of such statement that may convey the impression that the wine has been
made or matured under government supervision or in accordance with government
specifications or standards.
(10) The word
"pure" except as part of the bona fide name of a licensee or a
retailer for whom the distilled spirits are bottled.
(11) The terms
"double distilled," "triple distilled," or any similar
term.
(12) Statements
inconsistent with labeling. The advertisement shall not contain any statement
concerning a brand or lot of distilled spirits or wine that is inconsistent
with any statement on the labeling thereof.
(13) Statements
of age. The advertisement shall 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 such statement, design, or device concerning age
or maturity is contained in any advertisement, it shall include (in direct
conjunction therewith and with substantially equal conspicuousness) all parts
of the statement, if any, concerning age and percentages required to be made on
the label under the provisions of federal regulations. An advertisement for any
whiskey or brandy (except immature brandies) which is not required to bear a
statement of age on the label or an advertisement for any rum which has been
aged for not less than four (4) years may, however, contain general
inconspicuous age, maturity or other similar representations even though the optional
age statement does not appear on the label of the advertised product and in the
advertisement itself.
(14) Curative
and therapeutic effects. The advertisement shall not contain any statement,
design, or device representing that the use of any distilled spirits or wine
has curative or therapeutic effects, if such statement is untrue in any
particular, or tends to create a misleading impression.
(15) Place of
origin. The advertisement shall not represent that the distilled spirits or
wine 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.
(16) Confusion
of brands. Two (2) or more different brands or lots of distilled spirits or
wine shall not be advertised in one (1) advertisement (or in two (2) or more
advertisements in one (1) issue of a periodical or newspaper, or in one (1)
piece of other written, printed, or graphic matter) if the advertisement tends
to create the impression that representations made as to one (1) brand or lot
apply to the other or others, and if as to such latter the representations
contravene any provision of these administrative regulations or are in any
respect untrue.
(17) Flags,
seals, coats of arms, crests, and other insignia. No advertisement shall
contain any statement, design, device, or pictorial representation of or
relating to, or capable of being construed as relating to the armed forces; 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 mislead 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. (ABC 1:31; 1 Ky.R. 51; eff. 10-2-74; Am. 8 Ky.R. 198; eff.
12-2-81.)
