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

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Social Media Legalities Michael Kaiser WineAmerica License to Steal April 8, 2014 [email protected] 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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Presentation Transcript
slide1

Social Media Legalities

Michael Kaiser

WineAmerica

License to Steal

April 8, 2014

[email protected]

slide2

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
slide3

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
slide4

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
slide5

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
slide6

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
slide7

Video Sharing Sites

  • YouTube, Vimeo
  • Considered regular advertising
  • Requirements apply to both videos and channels
  • Downloading = Disseminating
slide8

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
slide9

Microblogs

  • Twitter
  • Requirements to be on home page
  • Prohibited practices must be followed for all posts by industry member
slide10

Mobile Applications

  • Downloadable mobile websites and apps
  • Considered consumer specialty advertisement
  • Only requirement is Company Name or Brand Name
  • Prohibited practices still apply
slide11

QR Codes and Links

  • Links considered part of the advertisement
  • QR codes = requirements can vary
slide13

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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