October 3, 2022

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TTB Limits Health-Related Advertising in Alcohol Industry


As people carry on to development towards additional wellbeing-aware choices, which include in their selection of alcoholic drinks, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has responded with advice on overall health-connected advertising claims in a four-portion weekly e-newsletter. The steering is in reaction to what TTB classified as an “increasing selection of liquor beverage advertisements…suggesting a connection amongst alcohol beverage usage and purported health and fitness rewards or effects” and supplies industry associates basic advice utilizing precise illustrations to assistance the marketplace navigate advertising and marketing in this place.

As a reminder, the TTB prohibits sector members from building any wellness-related statement in advertising that is (1) untrue or (2) tends to make a deceptive impact of the consequences of alcoholic beverages use on wellness.

Through the 4-week aim, TTB furnished some illustrations of unsubstantiated promoting statements that recommend consuming a specific liquor beverage will mitigate wellbeing implications generally associated with liquor intake that would be considered prohibited:

  • “No headaches”

  • “Hangover free”

  • “Diabetic friendly”

TTB also delivered illustrations of unsubstantiated advertising and marketing statements that recommend consuming an alcoholic beverage will end result in overall health benefits that would also be viewed as prohibited:

  • “Recovery drink”

  • “Anti-inflammatory”

  • “Aphrodisiac”

  • “Health benefits”

In 7 days 3, TTB weighed in on the use of the expression “clean” in alcohol labeling and promoting. TTB reminded viewers that it does not define the phrase “clean,” nor does it have a normal for the use of the expression on labels or in commercials. Accordingly, it alerted individuals that the use of the phrase should not be interpreted as suggesting a merchandise is organic and natural or has fulfilled any other production conventional set by TTB. Irrespective of whether the use of the term is permissible depends upon the totality of the label or the ad in which the expression seems.

TTB did offer some examples of when the phrase is applied permissibly and when its use may possibly be deceptive:

  • If the time period “clean” is utilized as a descriptor for the taste of the beverage and is thought of puffery, it may perhaps be made use of permissibly. For illustration, “X vineyard tends to make clean, crisp wine.”

  • If the phrase “clean” is made use of in a way that suggests that use of alcohol will have wellbeing advantages and/or that the health and fitness threats normally associated with liquor use will be mitigated, the term’s use may well be prohibited. For instance, “X malt beverage is clear and healthy” or “Y vodka’s clean up creation procedures imply no problems for you.”

The remaining iteration of the four-portion sequence reminded readers basically that “TTB advertising polices prohibit any wellbeing-similar statement that is untrue in any individual or tends to develop a deceptive impression as to the effects of liquor intake on wellness.”

With the sum of focus the TTB has focused to this spot, we persuade market users to check health and fitness-associated advertising and marketing and marketing intently. 


© 2022 McDermott Will & Emery
National Law Evaluation, Volume XII, Selection 111



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