Enforcement Alert: Social Media Advertising

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In light of several recent communications from the Tax and Trade Bureau (TTB) to individual breweries, members are reminded that it is TTB’s position that the advertising provisions of the Federal Alcohol Administration Act (FAA Act) and the implementing regulations under 27 CFR Part 7 (Labeling and Advertising of Malt Beverages) apply to all advertisements in any media, including social media.

In May of 2013, TTB issued guidance on this matter, Industry Circular 2013-1 – Use of Social Media in the Advertising of Alcohol Beverages, detailing the agency’s position that its jurisdiction over advertising extends to all forms and types of media. 

Recognizing that there have been significant changes to the social media landscape in the 6+ years since the issuance of this document, TTB is currently working to update that guidance to better reflect today’s reality.  However, because there is no timeline on when those updates will be finalized and shared with industry members, we urge affected members to review the above guidance and ensure you are in compliance.

BA staff recently discussed these issues with TTB and will continue to inform members as additional guidance becomes available.