Frequently Asked Questions

II. Advertisements

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Q: The ruling applies to advertisements as well as labels. Our brewery has printed point-of-sale advertising materials that do not comply with the new requirements of the ruling. Can we get a "use-up" that authorizes us to distribute these materials beyond the compliance date of September 1, 2004?

A: The ruling's provisions with regard to advertisements take effect as of September 1, 2004. We believe that this provides industry members with an adequate period of time to use up any point-of-sale advertising materials that do not comply with the provisions of the ruling. However, we will consider individual "use-up" requests from industry members on a case-by-case basis. We encourage industry members to submit any such requests as early as possible.

Last reviewed/updated: 04/07/2004

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Q. My company has planned a series of radio advertisements that feature vignettes about the low-carbohydrate nature of our wine. How do we ensure that these advertisements are in compliance with the requirements of the ruling?

A: As of the compliance date for advertisements, September 1, 2004, the ruling requires the use of statements of average analysis in advertisements that contain caloric or carbohydrate representations. Furthermore, TTB will evaluate advertisements on a case-by-case basis to determine whether they tend to mislead consumers by implying that consumption of the alcohol beverage is a healthy part of a weight reduction or weight maintenance plan, or that consumers may drink more of such beverages because of their low calorie or carbohydrate content.

If you have questions about whether your proposed advertisements comply with the requirements of the ruling, we encourage you to submit the advertising materials for review by TTB prior to use. Upon request, we will provide written pre-clearance of the advertising materials, thus protecting you from exposure to charges of willful violations of the advertising provisions of the Federal Alcohol Administration Act (FAA Act).

Last reviewed/updated: 04/07/2004

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Q: My company has been using the brand name "X Light" for years. Because the term "light" refers to the fact that this is a reduced calorie beer, we've always included a statement of average analysis on our labels. However, many of our advertisements contain no other references to caloric or carbohydrate content, and it would be burdensome to revise all those advertising materials by the compliance date of September 1, 2004, in order to include a statement of average analysis. Can TTB postpone the effective date of the ruling with respect to these types of advertisements?

A: TTB Ruling 2004-1 provides that as of September 1, 2004, any advertisement containing a caloric or carbohydrate representation must include a statement of average analysis. The ruling also states that the terms "light" and "lite" may be used as part of the brand name of a wine, distilled spirits product, or malt beverage, provided that if the term implies a caloric representation, the label or advertisement must include a statement of average analysis.

After careful consideration of this issue, TTB has decided that pending rulemaking on this issue, we will not enforce the provisions of the ruling with respect to advertisements in which the only reference to calories or carbohydrates is the use of a brand name including the term "light" or "lite." TTB recognizes that these brand names have been used for decades, and that many advertisements for such products do not include any other references to caloric or carbohydrate content. Accordingly, we believe that the issue of whether such advertisements should bear statements of average analysis should be aired through the rulemaking process.

Accordingly, pending rulemaking on this issue, we will not require industry members to put statements of average analysis on advertisements where the only caloric or carbohydrate representation appearing in such advertising materials is a brand name incorporating the term "light" or "lite." This applies to advertisements such as television and radio advertisements and print advertisements in newspapers and magazines, as well as indoor and outdoor neon signs, stadium signs, bar clocks, point of sale items, wearables, novelty or promotional items, consumer specialty items, signs on vehicles, race cars, or blimps, announcements at sporting or other events, or any other advertising materials. However, if the brand or product name, or the advertising material in general, includes any additional caloric or carbohydrate representations such as "low carb" or "low calorie", any specific calorie or carbohydrate claims, or similar representations, a statement of average analysis will be required as part of the advertising material.

Our traditional policy regarding the use of the term "light" or "lite" on labels is unchanged. If the words "light" and "lite" are used as part of the brand or product name of a wine, distilled spirits product, or malt beverage, and the terms imply a caloric representation, the label must include a statement of average analysis.

Last reviewed/updated: 04/07/2004

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Q: Does TTB Ruling 2004-1 apply to advertisements that are produced, paid for, and controlled by retailers who are not producers, importers or wholesalers of alcohol beverages?

A. No. The ruling and the advertising regulations apply only to advertisements published or disseminated by any person engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, a distiller, rectifier, importer or wholesaler of distilled spirits, or a brewer, wholesaler or importer of malt beverages, directly or indirectly, or through an affiliate.

Last reviewed/updated: 04/07/2004

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Q: If a statement in an advertisement (for example "Lower your carbs", "Lower your calories" or some similar calorie or carbohydrate representation) triggers the statement of average analysis requirement, does the statement of average analysis have to appear at a particular location on the advertisement and is there a minimum type size requirement?

A: The statement of average analysis may be placed anywhere in the advertisement as long as it is clearly a part of the advertisement and not separated in any manner from the remainder of the advertisement. See 27 CFR 7.53(c), 4.63(c) and 5.64(c). However, it must be in lettering or type size sufficient to be conspicuous and readlily legible. See 27 CFR 7.53(a), 4.63(a) and 5.64(a)). What is conspicuous and readily legible will be determined on a case by case basis.

Last reviewed/updated: 04/07/2004

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Q: If advertising statements on a web site trigger the statement of average analysis requirement, where must the statement of average analysis appear on the web site?

A: Placement of the statement of average analysis on a web site will be determined on a case by case basis. Generally, if the statement appears on the web site's home page, it will meet the ruling’s requirement. However, if individual pages on the web site contain statements of caloric or carbohydrate representation, separate statements of average analysis may have to be included on those pages as well. We strongly recommend that industry members seek TTB guidance as soon as possible for planned advertising, including web page content, and for pre-clearance of web page content or other advertising materials.

Last reviewed/updated: 04/07/2004

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Q: Does the ruling apply to advertisements that are already in the marketplace prior to September 1, 2004? My company has an importer's basic permit. Two years ago, we provided retailers with consumer specialty advertising materials that do not comply with the requirements of the ruling. Are we obliged to remove these materials from the marketplace?

A: In general, on or after September 1, 2004, we will consider it a violation of the regulations to publish or disseminate advertising materials that do not comply with the provisions of the ruling. If you have already printed the advertising materials, and they have not been disseminated to retailers or consumers prior to September 1, 2004, you will need to bring these advertisements into compliance with the requirements of the ruling. On the other hand, if you disseminated consumer specialty items to retailers two years ago, and these materials do not comply with the ruling, the ruling does not require you to retrieve those items from the marketplace.

If you have already printed advertising materials that you wish to disseminate or publish on or after September 1, 2004, please note that TTB will consider individual "use-up" requests from industry members on a case-by-case basis. Such requests should be made well in advance of September 1, 2004. We strongly encourage industry members to come to TTB with use-up requests rather than trying to avoid the requirements of the ruling by distributing large quantities of non-conforming advertising materials to retailers shortly before the effective date of the ruling.

Last reviewed/updated: 04/07/2004

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Q: My company is going to pay a product placement fee so that our brand of beer, which is labeled as a "low-carbohydrate" beer, appears in a movie. The bottles of beer that will appear in the movie are appropriately labeled with a statement of average analysis. Are we required to put a separate statement of average analysis in the movie?

A: No.

Last reviewed/updated: 04/07/2004

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Q: If an advertisement for a distilled spirits product includes a caloric or carbohydrate claim for a mixed drink, should the required statement of average analysis refer to the distilled spirits product itself or the mixed drink? For example, our advertisement for rum sets out the calorie and carbohydrate content of a rum and diet cola. Should the statement of average analysis include the diet cola?

A: This will be determined on a case by case basis, but generally, the statement of average analysis should be for the distilled spirits product. However, we will review the advertisement as a whole to ensure that it does not mislead consumers. For example, depending on the context, it may be necessary to include a separate statement of average analysis for the non-alcoholic mixer, a disclaimer, or some other statement clearly explaining whether the caloric and carbohydrate references include the added non-alcoholic mixer or not.

Last reviewed/updated: 04/07/2004

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