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How are Point of Sale Displays for Alcoholic Beverages Regulated?

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How are Point of Sale Displays for Alcoholic Beverages Regulated?


Are there any regulations pertaining to packing for point of sale displays of customer provided bottled alcoholic beverages?


There are a number of regulations that could apply depending on the actual product and where it is being sold. The U.S. Federal Alcohol Administration Act gives the Alcohol and Tobacco Tax and Trade Bureau (TTB) authority to regulate the advertising of alcohol beverage products. Under the act, "any written, printed, graphic, or other matter" accompanying an alcoholic beverage is considered advertising. The regulations include a list of prohibited practices, including: statements that are false or untrue, false or misleading statements about a competitor's product, and statements that are inconsistent with approved product labels. For more detailed information on the regulations on labeling and advertising wine, see Title 27 of the Code of Federal Regulations (C.F.R.) part 4; for labeling and advertising of distilled spirits, see part 5; and for labeling and advertising of malt beverages, see part 6. A link to these regulations, along with other information on advertising of products under the jurisdiction of TTB, can be found here.

In addition to TTB regulations, other regulations may apply. For example, under the Federal Trade Commission (FTC) Act, FTC can take enforcement action if point-of-purchase advertising (including for alcohol) is deceptive or unfair. Additionally, point-of-purchase displays for alcoholic beverages would need to comply with state and local regulations. For help with your specific situation, please consult an attorney.

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