TTB Issues Four-Part Series on Health-Related Alcohol Marketing Claims

As shoppers proceed to development towards extra health-conscious choices, together with of their alternative of alcoholic drinks, the Alcohol and Tobacco Tax and Commerce Bureau (TTB) has responded with steerage on health-related advertising and marketing claims in a four-part weekly publication. The steerage is in response to what TTB categorized as an “increasing number of alcohol beverage advertisements…suggesting a relationship between alcohol beverage consumption and purported health benefits or effects” and offers trade members common steerage using particular examples to assist the trade navigate advertising and marketing on this area.

As a reminder, the TTB prohibits trade members from making any health-related assertion in promoting that’s (1) unfaithful or (2) tends to create a deceptive impression of the consequences of alcohol consumption on well being.

All through the four-week focus, TTB supplied some examples of unsubstantiated promoting statements that counsel consuming a selected alcohol beverage will mitigate well being penalties sometimes related to alcohol consumption that may be thought-about prohibited:

  • “No headaches”

  • “Hangover free”

  • “Diabetic friendly”

TTB additionally supplied examples of unsubstantiated promoting statements that counsel consuming an alcoholic beverage will lead to well being advantages that may even be thought-about prohibited:

  • “Recovery drink”

  • “Anti-inflammatory”

  • “Aphrodisiac”

  • “Health benefits”

In week three, TTB weighed in on using the time period “clean” in alcohol labeling and promoting. TTB reminded readers that it doesn’t outline the phrase “clean,” nor does it have a regular for using the time period on labels or in ads. Accordingly, it alerted shoppers that using the time period shouldn’t be interpreted as suggesting a product is natural or has met every other manufacturing customary set by TTB. Whether or not using the time period is permissible relies upon upon the totality of the label or the commercial by which the time period seems.

TTB did present some examples of when the time period is used permissibly and when its use could also be deceptive:

  • If the time period “clean” is used as a descriptor for the style of the beverage and is taken into account puffery, it could be used permissibly. For instance, “X winery makes clean, crisp wine.”

  • If the time period “clean” is utilized in a means that implies that consumption of alcohol can have well being advantages and/or that the well being dangers in any other case related to alcohol consumption might be mitigated, the time period’s use could also be prohibited. For instance, “X malt beverage is clean and healthy” or “Y vodka’s clean production methods mean no headaches for you.”

The ultimate iteration of the four-part sequence reminded readers merely that “TTB advertising regulations prohibit any health-related statement that is untrue in any particular or tends to create a misleading impression as to the effects of alcohol consumption on health.”

With the quantity of consideration the TTB has devoted to this space, we encourage trade members to watch health-related promoting and advertising and marketing intently. 

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