OAR 845-007-0020
Restrictions


(1)

The Commission prohibits advertising if it contains:

(a)

False or misleading information;

(b)

Claims that the alcoholic beverage has curative or therapeutic effects;

(c)

Claims that any government agency endorses or supports the alcoholic beverage;

(d)

The requirement of purchasing an alcoholic beverage in order to receive a prize or merchandise unless the manufacturer or wholesaler donates the prize or merchandise to a charitable cause or community non-profit entity;

(e)

Material so appealing to minors that it encourages them to purchase, possess, or drink alcoholic beverages;

(f)

A person displayed drinking an alcoholic beverage;

(g)

Material that encourages the use of an alcoholic beverage because of its intoxicating effect;

(h)

Statements or illustrations that an alcoholic beverage causes athletic or artistic success;

(i)

Material that encourages excessive or rapid consumption.

(2)

The Commission prohibits any advertising of the promotional practices that are prohibited under OAR 845-006-0345 (Prohibited Conduct)(11).

(3)

Outside the licensed premises, the Commission prohibits advertising of an alcoholic beverage for on-premises consumption where the expressed or implied meaning is that a customer, in order to receive a reduced price, would be required to purchase more than one drink at a time, such as “two for the price of one”, “buy one — get one free”, or “two for $_____”.

(4)

Advertising is considered “outside the licensed premises” if the advertising is visible or audible from the outside, including advertising on a website or on a telephone answering machine recording. Responding via email or telephone to a question from a member of the public is not considered advertising and thus is allowed.

(5)

The Commission prohibits advertising that violates OAR 845-015-0175 (Advertising by a Retail Sales Agent) (Advertising by a Retail Sales Agent).

(6)

The Commission prohibits manufacturers and wholesalers from giving retailers point-of-sale items and advertising that the financial assistance laws prohibit (ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer) and 471.400 (Exceptions to prohibition of financial assistance) and OAR 845-013-0050 (Point of Sale Advertising Materials and Consumer Take-Aways, ORS 471.398(4))).
Last Updated

Jun. 8, 2021

Rule 845-007-0020’s source at or​.us