USE OF DISPARAGING THEMES OR REFERENCES IN
ALCOHOLIC BEVERAGE ADVERTISING IS PROHIBITED.
Proprietors of Distilled Spirits Plants,
Wine Producers, Brewers, Wholesale Dealers,
Importers, and others concerned:
Purpose. This Industry Circular is issued for the purpose of
directing the attention of top management to the provisions of the
Federal Alcohol Administration Act (27 U.S.C. 205(f)(4)) and
regulations thereunder (27 CFR 4.64(a)(2), 5.64(a)(2), and 7.54(a)(2)),
which prohibit statements disparaging of competitors' products in
advertisements disseminated by producers, importers, and wholesalers
of alcoholic beverages.
Background. Examination of advertising copy currently
disseminated indicates a trend toward the employment of themes
and words and phrases which state or imply that the advertised
products do not have the "bite", "burn", "sting", "fire", "heat",
"harshness", "roughness", "sharpness", "heaviness", "congeners",
etc., found in competing alcoholic beverages. In addition to possible
misleading aspects, the use of such themes, or words and phrases,
may also be questioned as disparaging of other products and,
therefore, contrary to the provisions of law and regulations above
cited.
Corrective measures have already been initiated by this office
in several instances of such advertising programs. It is expected
that the firms involved will take immediate steps to achieve
compliance. Because of this apparent trend toward such statements,
it is believed advisable to circularize the industry so as to afford
all industry members the opportunity of reviewing current or
prospective advertising material from this viewpoint and giving to
all an opportunity of complying with the cited regulatory requirements.
Conclusion. It should be of particular interest to the
principal corporate officers to appraise critically advertising
copy now being disseminated, or scheduled for future dissemination,
by their firms to see to it that unfavorable comparisons with other
alcoholic beverages (either expressed or implied) are avoided. The
high degree of voluntary compliance achieved in the past, without
resort to the sanctions provided by the Federal Alcohol Administration
Act, is a record of which all concerned may be proud.
Inquiries. It is to be hoped that this spirit of voluntary
compliance will continue in the future. To that end, permittees
and brewers are reminded that they may submit proposed advertising
copy to the office of the Director (Alcohol and Tobacco Tax Division,
Washington 25, D. C., Attention: CP:AT:B), for informal comment
in advance of publication, if they so desire.
Dwight E. Avis
Director, Alcohol and Tobacco Tax Division |