falsity, which the Director finds to be likely to mislead the consumer. (5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the Director finds to be likely to mislead the consumer. Money-back guarantees are not prohibited. (6) A trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, or any graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: Provided, That this paragraph shall not apply to the use of the name of any person engaged in business as a producer, importer, bottler, packer, wholesaler, retailer, or warehouseman, of malt beverages, nor to the use by any person of a trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, provided such trade or brand name was used by him or his predecessors in interest prior to August 29, 1935. Government (b) Simulation of stamps. No label shall be of such design as to resemble or simulate a stamp of the United States Government or of any State or foreign government. No label, other than stamps authorized or required by the United States Government or any State or foreign government, shall state or indicate that the malt beverage contained in the labeled container is brewed, made, bottled, packed, labeled, or sold under, or in accordance with, any municipal, State, Federal, or foreign government authorization, law, or regulation, unless such statement is required or specifically authorized by Federal, State, or municipal, law or regulation, or is required or specifically authorized by the laws or regulations of the foreign country in which such malt beverages were produced. If the municipal or State government permit number is stated upon it shall not be accompanied by ditional statement relating unless required by State law. (c) Use of word "bonded", e words "bonded", "bottled in "aged in bond", "bonded age' tled under customs supervisio phrases containing these or s mous terms which imply govern supervision over production, b or packing, shall not be used d label for malt beverages. (d) Flags, seals, coats of arms, and other insignia. Labels sha contain, in the brand name or wise, any statement, design, dev pictorial representation which tl' rector finds relates to, or is capa being construed as relating to armed forces of the United Stat the American flag, or any em seal, insignia, or decoration asso with such flag or armed forces shall any label contain any stater design, device, or pictorial repres tion of or concerning any flag, coat of arms, crest or other ins: likely to mislead the consumer t lieve that the product has bee dorsed, made, or used by, or proc for, or under the supervision of, accordance with the specificatio the government, organization, fa or individual with whom such seal, coat of arms, crest, or insig associated. (e) Curative and therapeutic cl Labels shall not contain any s ment, design, representation, pict representation, or device represe that the use of malt beverage ha rative or therapeutic effects if statement is untrue in any parti or tends to create a misleading im sion. (f) Use of words "strong", strength", and similar words. L shall not contain the words "str "full strength", "extra stren "high test", "high proof", "pr strength", "full oldtime alco strength", or similar words or s ments, likely to be considered as S ments of alcoholic content, ex where required by State law. (g) Use of numerals. Labels shal contain any statements, designs, o vices whether in the form of num letters, characters, figures, or otherwise, which are likely to be considered as statements of alcoholic content, unless required by State law. (h) Coverings, cartons, or cases. Individual coverings, cartons, cases, or other wrappers of containers of malt beverages, used for sale at retail, or any written, printed, graphic, or other matter accompanying the container shall not contain any statement or any graphic pictorial, or emblematic representation, or other matter, which is prohibited from appearing on any label or container of malt beverages. [T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-66, 45 FR 40552, June 13, 1980; T.D. ATF-180, 49 FR 31674, Aug. 8, 1984] Subpart D-Requirements for Withdrawal of Imported Malt Beverages From Customs Custody § 7.30 Application. Sections 7.30 and 7.31 shall apply to withdrawals of malt beverages from customs custody only in the event that the laws or regulations of the State in which such malt beverages are withdrawn for consumption require that all malt beverages sold or otherwise disposed of in such State be labeled in conformity with the requirements of §§ 7.20 through 7.29. § 7.31 Label approval and release. (a) Certificate of label approval. No imported malt beverages in containers shall be released from Customs custody for consumption unless there is deposited with the appropriate Customs officer at the port of entry the original or a photostatic copy of an approved certificate of label approval, ATF Form 5100.31. (b) Release. If the original or photostatic copy of Form 1649 bears the signature of the Director, then the brand or lot of imported malt beverages bearing labels identical with those shown thereon may be released from U.S. Customs custody. (c) Relabeling. Imported malt beverages in U.S. Customs custody which are not labeled in conformity with certificates of label approval issued by the Director must be relabeled, prior to release, under the supervision direction of the U.S. Customs off of the port at which the malt be ages are located. [T.D. ATF-66, 45 FR 40552, June 13, as amended by T.D. ATF-94, 46 FR 5 Nov. 6, 1981; T.D. ATF-242, 51 FR 3 Oct. 29, 1986] Subpart E-Requirements for App al of Labels of Malt Beverages mestically Bottled or Packed § 7.40 Application. Sections 7.40 through 7.42 S apply only to persons bottling or p ing malt beverages (other than 1 beverages in customs custody) shipment, or delivery for sale or s ment, into a State, the laws or reg tions of which require that all 1 beverages sold or otherwise disp of in such State be labeled in confc ity with the requirements of §§ through 7.29. § 7.41 Certificates of label approval. No person shall bottle or pack r beverages, or remove malt bevera from the plant where bottled packed unless application is made the Director, and an approved cer cate of label approval, ATF F 5100.31, is issued by the Director. [T.D. ATF-94, 46 FR 55098, Nov. 6, 198 amended by T.D. ATF-242, 51 FR 39 Oct. 29, 1986] § 7.42 Exhibiting certificates to Gove ment officials. Any bottler or packer holding original or duplicate original of a c tificate of label approval shall, up demand exhibit such certificate to duly authorized representative of t United States Government or any du authorized representative of a State political subdivision thereof. Subpart F-Advertising of Malt Beverages $7.50 Application. No person engaged in business as brewer, wholesaler, or importer, malt beverages directly or indirectly o through an affiliate, shall publish o disseminate or cause to be published or disseminated by radio or television broadcast, or in any newspaper, periodical, or any publication, by any sign or outdoor advertisement, or in any other printed or graphic matter, any advertisement of malt beverages, if such advertising is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with §§ 7.50-7.55 of this part. Provided, that such sections shall not apply to outdoor advertising in place on (effective date of this Treasury decision), but shall apply upon replacement, restoration, or renovation of any such advertising; and provided further, that §§ 7.50-7.55 of this part shall apply to advertisements of malt beverages intended to be sold or shipped or delivered for shipment, or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the laws of such State impose similar requirements with respect to advertisements of malt beverages manufactured and sold or otherwise disposed of in such State. And provided further that such sections shall not apply to a retailer or the publisher of any newspaper, periodical, or other publication, or radio or television broadcast, unless such retailer or publisher or radio or television broadcaster is engaged in business as a brewer, wholesaler, bottler, or importer of malt beverages, directly or indirectly, or through an affiliate. [T.D. ATF-180, 49 FR 31675, Aug. 8, 1984] As used in §§ 7.50-7.55 of this part, the term "advertisement" includes any written or verbal statement, illustration, or depiction which is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, or in any written, printed, graphic, or other matter accompanying the container, representations made on cases, or in any billboard, sign, or other outdoor advertisement, public transit card, other pe riodical literature, publication radio or television broadcast, other media; except that su shall not include: (a) Any label affixed to any er of malt beverages; or any c cartons, or cases of containers beverages used for sale at reta constitute a part of the labelin §§ 7.20-7.29 of this part. (b) Any editorial or other material (i.e., news release) in riodical or publication or ne for the publication of which no or valuable consideration is promised, directly or indirectly, brewer, and which is not writte at the direction of the brewer. [T.D. ATF-180, 49 FR 31675, Aug. 8, § 7.52 Mandatory statements. (a) Responsible advertiser. T vertisement shall state the nar address of the brewer, bottler, 1 wholesaler, or importer responsi its publication or broadcast. number and name may be omit the address. (b) Class. The advertisement contain a conspicuous statem the class to which the produ longs, corresponding to the stat of class which is required to app the label of the product. (c) Exception. (1) If an adv ment refers to a general malt be line or all of the malt beverage ucts of one company, whether company name or by the brand common to all the malt bevera the line, the only mandatory in tion necessary is the name and a of the responsible advertiser. T ception does not apply where on type of malt beverage is ma under the specific brand name tised. (2) On consumer specialty iten only information necessary is th pany name or brand name of the uct. [T.D. 6521, 25 FR 13859, Dec. 29, 1 amended by T.D. ATF-180, 49 FR Aug. 8, 1984] § 7.53 Legibility of mandatory information. (a) Statements required under §§ 7.50-7.55 of this part that appear in any written, printed, or graphic advertisement shall be in lettering or type size sufficient to be conspicuous and readily legible. (b) In the case of signs, billboards, and displays the name and address of the permittee responsible for the advertisement may appear in type size of lettering smaller than the other mandatory information, provided such information can be ascertained upon closer examination of the sign or billboard. (c) Mandatory information shall be so stated as to be clearly a part of the advertisement and shall not be separated in any manner from the remainder of the advertisement. (d) Mandatory information for two or more products shall not be stated unless clearly separated. (e) Mandatory information shall be so stated in both the print and audiovisual media that it will be readily apparent to the persons viewing the advertisement. [T.D. ATF-180, 49 FR 31675, Aug. 8, 1984] § 7.54 Prohibited statements. (a) General prohibition. An advertisement of malt beverages shall not contain: (1) Any statement that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter, tends to create a misleading impression. (2) Any statement that is disparaging of a competitor's products. (3) Any statement, design, device, or representation which is obscene or indecent. (4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the Director finds to be likely to mislead the consumer. (5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the Director finds to be likely (7) The words "bonded", "bottled bond", "aged in bond", "bonded age "bottled under customs supervision or phrases containing these or synon mous terms which imply government supervision over production, bottlin or packing. (b) Statements inconsistent with l beling. (1) Advertisements shall n contain any statement concerning brand or lot of malt beverages that inconsistent with any statement o the labeling thereof. (2) Any label depicted on a bottle an advertisement shall be a reprodu tion of an approved label. (c) Alcohol content. Advertisemen shall not contain the words "strong "full strength," "extra strength "high test," "high proof," "full alcoh strength," or any other statement alcohol content, or any statement the percentage and quantity of th original extract, or any numerals, le ters, characters, or figures, or simila words or statements, likely to be com sidered as statements of alcohol con tent, except where required by Stat law. (d) Class. (1) No product containin less than one-half of 1 per centum o alcohol by volume shall be designated in any advertisement as "beer", "lager beer", "lager", "ale", "porter", O "stout", or by any other class or type designation commonly applied to fermented malt beverages containing one-half of 1 per centum or more of alcohol by volume. (2) No product other than a malt beverage fermented at comparatively high temperature, possessing the characteristics generally attributed to "ale," "porter," or "stout" and produced without the use of coloring or flavoring materials (other than those recognized in standard brewing prac tices) shall be designated in any advertisement by any of these class designations. (e) Curative and therapeutic claims. Advertisements shall not contain any statement, design, representation, pictorial representation, or device representing that the use of malt beverages has curative or therapeutic effects if such statement is untrue in any particular or tends to create a misleading impression. (f) Confusion of brands. Two or more different brands or lots of malt beverages shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or a newspaper or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the impression that representations made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provision of §§ 7.50 through 7.54 or are in any respect untrue. (g) Flags, seals, coats of arms, crests, and other insignia. No advertisement shall contain any statement, design, device, or pictorial representation of or relating to, or capable of being construed as relating to the armed forces of the United States, or of the American flag, or of any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or 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, or insignia is associated. (h) Deceptive advertising techniques. Subliminal or similar techniques are prohibited. "Subliminal or similar techniques," as used in this part, refers to any device or technique that is used to convey, or attempts to convey, a message to a person by means of images or sounds of a very brief nature that cannot be pe at a normal level of awareness. [T.D. 6521, 25 FR 13859, Dec. 29, amended by T.D. ATF-180, 49 FR Aug. 8, 1984] § 7.55 Comparative advertising. (a) General. Comparative adve shall not be disparaging of a co tor's product. (b) Taste tests. (1) Taste test may be used in advertisements paring competitors' products they are disparaging, deceptiv likely to mislead the consumer. (2) The taste test procedure shall meet scientifically accepted cedures. An example of a scientif accepted procedure is outlined i Manual on Sensory Testing Met ASTM Special Technical Public 434, published by the American S ty for Testing and Materials, Race Street, Philadelphia, Penns nia 19103, ASTM, 1968, Librar Congress Catalog Card Number 15545. (3) A statement shall appear in advertisement providing the nam address of the testing administrat [T.D. ATF-180, 49 FR 31676, Aug. 8, 19 93-094 0-87--4 |