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Social Media Legalities Michael Kaiser WineAmerica License to Steal April 8, 2014

Social Media Legalities Michael Kaiser WineAmerica License to Steal April 8, 2014 mkaiser@wineamerica.org. Regulated by TTB Alcohol and Tobacco Tax and Trade Bureau Division of the Treasury Department Market Compliance Office 27 CFR Part 4: Wine advertising and labeling regulations

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Social Media Legalities Michael Kaiser WineAmerica License to Steal April 8, 2014

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  1. Social Media Legalities Michael Kaiser WineAmerica License to Steal April 8, 2014 mkaiser@wineamerica.org

  2. Regulated by TTB • Alcohol and Tobacco Tax and Trade Bureau • Division of the Treasury Department • Market Compliance Office • 27 CFR Part 4: Wine advertising and labeling regulations • Enforcement power designed to protect the consumer

  3. TTB Authority • Reviews advertisements that appear in various media • Includes print, television, radio, outdoor signage, and websites • Now reviewing social media sites: Facebook, Twitter, Google+, Instagram, YouTube, etc. • All advertising MUST comply with regulatory requirements • They look at everything now

  4. Advertising Requirements • Name and Address of winery on all advertising • Class, type and distinctive designation of product • If not advertising specific product, only name and address are required • Advertising must be consistent with labeling of product

  5. Prohibited Information • False statements and statements disparaging competitors • Obscene and indecent statements or images • Statements that may mislead the consumer: Health statements, etc. • Statements implying the use or similarity to distilled spirits • Other

  6. Social Networks • Facebook, LinkedIn, etc. • Considered advertising under “other media” • TTB views entire page as one advertisement • Required information only needs to be on one part of the page • Must be readily available and legible

  7. Video Sharing Sites • YouTube, Vimeo • Considered regular advertising • Requirements apply to both videos and channels • Downloading = Disseminating

  8. Blogs • Considered regular advertising • Requirements on blog page • Posts about individual products must have class/type requirements • Prohibited practices must be followed for all posts by industry member

  9. Microblogs • Twitter • Requirements to be on home page • Prohibited practices must be followed for all posts by industry member

  10. Mobile Applications • Downloadable mobile websites and apps • Considered consumer specialty advertisement • Only requirement is Company Name or Brand Name • Prohibited practices still apply

  11. QR Codes and Links • Links considered part of the advertisement • QR codes = requirements can vary

  12. Questions?

  13. WineAmerica The National Association of American Wineries 1015 18th Street, NW Ste. 500 Washington, DC 20036 www.wineamerica.org 202-783-2758

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