804 KAR 2:015. Prohibited statements.


      RELATES TO: KRS 244.130


      NECESSITY, FUNCTION, AND CONFORMITY: Under the general authority of KRS 244.130, permitting this department to regulate advertising of alcoholic beverages, this administrative regulation is intended to regulate the type of advertising appearing in newspapers, magazines or periodicals. This is our department's version of a "truth in advertising" administrative regulation, and has been in effect since December 1956.


      Section 1. Any advertisement of malt beverages shall not contain:

      (1) Any statement that is disparaging of a competitor's product.

      (2) Any statement, device or representation that is obscene or indecent.

      (3) Any statement concerning or illustrations of family scenes pertaining to the home.

      (4) Any statement that is false or misleading in any manner.

      (5) Any statement concerning the brand of malt beverages that is inconsistent with any statement on the labeling thereof.

      (6) Any statement that may intimate or state that drinking of the advertised product produces good health, affects weight, builds muscles or like statements. (ABC 11:30; 1 Ky.R. 632; eff. 4-9-75; Am. 5 Ky.R. 1095; eff. 8-1-79; 8 Ky.R. 199; eff. 12-2-81; TAm eff. 8-9-2007; TAm eff. 4-27-2016.)