- The law
- Federal Alcohol Administration Act 27 U.S.C. 205(f); 27 CFR 4.60 to 4.65 (wine), 5.231 to 5.236 (spirits) and 7.231 to 7.236 (malt drinks); industry codes from DISCUS, the Beer Institute and others
- Who enforces it
- Alcohol and Tobacco Tax and Trade Bureau (TTB); state alcohol beverage control agencies
- Penalties
- Breaking the federal advertising rules is a misdemeanour with fines of up to $1,000 an offence, and TTB can act against a permit. Industry code boards publish decisions and ask for ads to be changed or withdrawn.
What it means for your email
- TTB says its advertising rules apply to ads in any media. An email from a producer, importer or wholesaler promoting a drink is an ad.
- Each ad must name the responsible advertiser, with city and state or other contact details such as a website or email address.
- It must state the class (and for wine and spirits, the type) as on the label, unless it promotes a whole range. Spirits ads must also give the alcohol content as a percentage by volume.
- Nothing may be false or misleading. Health-related claims are banned if untrue or misleading, and specific health claims need evidence and a balancing disclosure.
- If you show a bottle or label, use the approved label.
Do
- Collect a full date of birth, and confirm the person is 21 or over, before adding them to an alcohol list. The DISCUS code asks for this before any personal data is collected.
- Get opt-in before sending and give an easy opt-out (the DISCUS code expects both).
- Use models and actors who are at least 25 and look 21 or older.
- Include a responsible drinking message where you can.
- Tell readers not to forward the email to anyone under 21.
Don't
- Don't appeal mainly to people under 21.
- Don't promote a drink's potency. Stating alcohol content factually is fine.
- Don't show drinking before or during driving or other activities that need alertness.
- Don't make health claims unless you can meet TTB's strict evidence and disclosure rules.
Good to know
- Industry codes set adult audience standards for paid placements: 73.8% of the audience 21 or over in the DISCUS code, and 73.6% for the Beer Institute and Brewers Association (up from 71.6%).
- The industry codes are voluntary. DISCUS's Code Review Board hears complaints and publishes its decisions.
- States regulate the sale of alcohol, including retailer advertising and price promotions, and their rules differ. Check the rules in each state you sell to.
Sources
- Alcohol Beverage Advertising (TTB)
- 27 CFR 4.62 - Mandatory statements (Legal Information Institute, Cornell Law School)
- 27 CFR 4.64 - Prohibited practices (Legal Information Institute, Cornell Law School)
- 27 CFR 5.231 - Application (Legal Information Institute, Cornell Law School)
- 27 CFR 5.233 - Mandatory statements (Legal Information Institute, Cornell Law School)
- 27 CFR 5.235 - Prohibited practices (Legal Information Institute, Cornell Law School)
- 27 CFR 7.233 - Mandatory statements (Legal Information Institute, Cornell Law School)
- Code of Responsible Practices for Beverage Alcohol Advertising and Marketing (Distilled Spirits Council of the United States)
- Beer Institute and Brewers Association Revise Advertising Standards Based on Updated U.S. Census Data (Beer Institute)
- 27 U.S.C. 207: penalties (Legal Information Institute, Cornell)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.