Section 13.13. Prohibited statements

No advertisement of distilled spirits may contain any of the following:

(1) Any statement that is false or misleading.

(2) Any statement that is disparaging of the products of a competitor.

(3) Any statement or representation which is obscene.

(4) Any statement or representation relating to analyses, standards or tests likely to mislead the consumer, irrespective of falsity.

(5) Any statement or representation relating to any guaranty likely to mislead the consumer, irrespective of falsity.

(6) Any statement that the product is produced or sold in accordance with any authorization, law or regulation of any municipality, county, State, Federal or foreign government, unless such statement is specifically required or authorized by the laws or regulations of such entity. Where a municipal, county, State or Federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto.

(7) Any statement concerning a brand or lot of distilled spirits that is inconsistent with any statement on the labeling thereof.

(8) Any statement or representation that the use of any distilled spirits has curative or therapeutic effects, where such statement is untrue tends to create a misleading impression.

(9) Any statement that the distilled spirits were manufactured in, or imported from, a place other than that of actual origin, or were produced or processed by one who was not the true producer or processor.

(10) Any statement or representation of, relating to, or capable of being construed as relating to the Armed Forces of the United States, the American Flag, any state flag or any emblem, seal, insignia or decoration associated with such a flag or the Armed Forces of the United States; or any statement or representation of or concerning any flag, seal, coat of arms, crest, other insignia, or Pennsylvania Keystone, likely to falsely lead the consumer to believe that the product has been endorsed, made, used by, produced for, under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, insignia, or Pennsylvania Keystone is associated.

(11) The words ‘‘bond,’’ ‘‘bonded,’’ ‘‘bottled in bond,’’ ‘‘aged in bond’’ or phrases containing these or synonymous terms, unless such words or phrases appear in the advertisement in the form in which they appear upon the label.

(12) Any statement or representation concerning the age of any brand or lot of distilled spirits, unless a statement of age appears on the label of such product. Where any such statement or representation is contained, it shall include all parts of the statement concerning age and percentages, which appear on the label. An advertisement for any whisky or brandy which does not bear a statement of age on the label, or for rum four or more years old, may contain general inconspicuous age representations, for example, ‘‘Aged in Wood,’’ ‘‘Mellowed in fine oak casks,’’ etc.

(13) Any statement or representation referring to religious holidays. References to the Christmas holiday season may be made where such references do not include strictly religious themes. The continued use of labels and advertisements for certain products which for many generations have referred to monasteries and religious orders will be permitted.

(14) Any statement or representation implying that the consumption of distilled spirits enhances athletic prowess, or any reference to any known athlete, if it implies that the use of distilled spirits contributed to the athletic achievements of such person.

(15) Any illustration of a person which is immodest, undignified or in bad taste.

(16) Any illustration depicting the use of distilled spirits in a scene which is undignified, immodest or in bad taste.

(17) Any offer of a prize or award to a consumer for the completion of any contest requiring a purchase of the advertised product. No distilled spirits advertisement shall promote a game of chance or lottery.

Notation

Cross References

This section cited in 40 Pa. Code § 13.11 (relating to mandatory statements); and 40 Pa. Code § 13.23 (relating to prohibited statements).