9. Advertising Aspects

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Whisky
USA

This section provides information on regulations on advertising and if there are any restrictions or approval processes.

9.1 Applicable Advertising Regulation

General Food

No statement that is false or misleading is allowed.

Category

Alcoholic drinks

Same as "General Food" above. Additionally, product-type informational requirements are listed under "Product" below.

Product

Whisky

Extensive requirements apply to the advertisement of distilled spirits and mandate. Subpart N of Title 27 mandates that the following appear in the advertising of distilled products (exceptions apply) [1]:

Contact details of the responsible advertiser
Class and type of the product
Alcohol content
Percentage of neutral spirits and name of commodity

9.2 Specific Restrictions on Advertising

General Food

N/A

Category

Alcoholic drinks

There is no law that prohibits television ads; however, the industry voluntarily stopped the practice decades ago. False or misleading statements and health claims are prohibited.

Product

Whisky

False or misleading statements and health claims are prohibited.

In addition, a number of practices are prohibited [2]. Among other, advertisements of distilled spirits shall not contain:

Any statement that is false or untrue.
Any false or misleading statement that explicitly or implicitly disparages a competitor's product.
Any statement, design, device, or representation which is obscene or indecent.
Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the appropriate TTB officer finds to be likely to mislead the consumer.
The word “pure” unless:
1. It refers to a particular ingredient used in the production of distilled spirits, and is a truthful representation of the ingredient; or
2. It is part of the bona fide name of a permittee or retailer from whom the distilled spirits are bottled; or
3. It is part of the bona fide name of the permittee who bottled the distilled spirits.
Statement of age - The advertisement shall not contain any statement, design, or device directly or by implication concerning the age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product. An advertisement for any whisky or brandy (except immature brandies, pomace brandy, Marc brandy, Pisco brandy, Singani brandy, and grappa brandy) that is not required to bear a statement of age on the label or an advertisement for any rum or agave spirits, which has been aged for not less than 4 years may, however, contain inconspicuous, general representations as to age, maturity or other similar representations even though a specific age statement does not appear on the label of the advertised product and in the advertisement itself.
Health-related statements
- Health-related statements. In general, advertisements may not contain any health-related statement that is untrue in any particular or tends to create a misleading impression as to the effects on health of alcohol consumption. TTB will evaluate such statements on a case-by-case basis and may require as part of the health-related statement a disclaimer or some other qualifying statement to dispel any misleading impression conveyed by the health-related statement. Such disclaimer or other qualifying statement must appear as prominent as the health-related statement.
- Specific health claims. A specific health claim will not be considered misleading if it is truthful and adequately substantiated by scientific or medical evidence; sufficiently detailed and qualified with respect to the categories of individuals to whom the claim applies; adequately discloses the health risks associated with both moderate and heavier levels of alcohol consumption; and outlines the categories of individuals for whom any levels of alcohol consumption may cause health risks. This information must appear as part of the specific health claim and in a manner as prominent as the specific health claim.
- Health-related directional statements. A statement that directs consumers to a third party or other source for information regarding the effects on health of distilled spirits or alcohol consumption is presumed misleading unless it complies with a number of requirements described in 27 CFR 5.235(d)(2) [3].
Representations of the armed forces or flags. Advertisements may not show an image of any government's flag or any representation related to the armed forces of the United States if the representation, standing alone or considered together with any additional language or symbols, creates a false or misleading impression that the product was endorsed by, made by, used by, or made under the supervision of, the government represented by that flag or by the armed forces of the United States. This section does not prohibit the use of a flag as part of a claim of American origin or another country of origin.
Deceptive advertising techniques. Subliminal or similar techniques are prohibited. “Subliminal or similar techniques,” as used in this subpart, refers to any device or technique that is used to convey, or attempts to convey, a message to a person by means of images or sounds of a very brief nature that cannot be perceived at a normal level of awareness.

The TTB has added requirements addressing the use of social media and influencers to note that all information on such platforms must comply with TTB labeling requirements and is prohibited from inducing sales unless it conforms to TTB regulations, as noted above.[4]