Alcohol Advertising: What You Can and Can't Get Away With
One misstep when it comes to alcohol advertising rules might lead to fines or penalties that disrupt your momentum. There’s no need to panic, though. With a little guidance, it’s entirely possible to craft compelling campaigns that comply with both federal and state standards.
Advertising is a powerful way to build brand visibility and showcase your wine, beer, packaged cocktails, or spirits. At the same time, the Alcohol and Tobacco Tax and Trade Bureau (TTB) and a slew of state agencies watch alcohol ads like hawks, ready to clamp down if they see claims or imagery that violate regulations.
Below, you'll find a practical guide for founders who want the inside scoop on TTB alcohol advertising, plus info about advertising compliance at the state level. Along the way, I’ll share best practices to help you market your alcohol brand responsibly.
Federal Alcohol Advertising Guidelines (TTB Rules)
The TTB sets the groundwork for all alcohol marketing best practices in the United States. Think of its rules as the baseline you must meet before considering state-specific twists.
Advertisements must be truthful and accurate. Exaggerations or health claims that mislead customers can attract federal scrutiny.
Health-related statements are off-limits. You can’t claim your beverage cures ailments or promises wellness benefits.
Ads must avoid targeting anyone under 21. Cartoon characters or references to childhood themes aren’t allowed.
Required details must appear. Advertiser name, location, and product class must appear in ads for wine, beer, or spirits. Distilled spirits advertising should also include alcohol content.
Violations can trigger fines, forced retractions of campaigns, or permit suspensions in severe cases. In my early years as an alcohol beverage paralegal, I saw how a straightforward ad claiming a wine was “hangover-free” caused major problems for an emerging brand. To put it mildly, the TTB doesn’t look kindly on promises that suggest health benefits. For every alcohol ad, clarity and honesty are your best friends.
For more info on how the TTB operates, check out our post on Understanding and Preparing for TTB Audits.
State-Specific Alcohol Advertising Rules
Federal TTB advertising standards mainly exist to make sure ads are truthful and include required product information. They don’t heavily dictate where or how alcohol can be advertised due to First Amendment limits. In contrast, many states impose additional restrictions on alcohol advertising, mostly targeting public safety and youth exposure.
States with unique mandates include:
Utah. Bars alcohol advertising on billboards entirely and even prohibits alcohol brands from sponsoring school or college events to avoid targeting minors.
California. Limits alcohol signage in retail store windows to about 33% of the window space.
Connecticut. Bans ads from implying alcohol boosts athletic ability — no using athletes or suggesting drinking enhances sports performance.
Massachusetts. Outlaws happy hour promotions entirely, meaning you can’t advertise any major discounts. Massachusetts is the only state with this type of blanket ban.
Here’s some guidance to help you stay compliant with alcohol laws across state boundaries:
Research each state. Check state Alcoholic Beverage Control (ABC) agency websites for guidelines on ads and promotions.
Customize and geotarget. Tailor your campaign materials and media placements by state. For instance, omit coupon offers in states that ban them, or use geotargeted digital ads to exclude states with stricter rules. Create alternative ad versions if needed. For example, you might design a version without a slogan or image that a particular state prohibits.
Consult experts. It’s wise to involve compliance experts familiar with alcohol regulations who can help vet your marketing for any state-specific red flags.
Stay updated. State alcohol laws can change, as seen in ongoing debates over happy hour laws. Regularly update your knowledge and subscribe to industry compliance bulletins.
What You Can’t Say or Do in Alcohol Ads
Federal and state agencies enforce a long list of don’ts when it comes to alcohol ads. Staying aware of these restrictions guards you against unfortunate mistakes, such as:
Misleading health claims. You can’t suggest your wine is healthy or therapeutic. For instance, you can't advertise your new vintage’s blood pressure lowering benefits, even if it contains an ingredient that can contribute to the health claim.
Targeting minors. Anything that appeals to children, including toys, cartoon style, and underage imagery, could lead to serious penalties.
Portraying binge-drinking. Depicting or promoting excessive consumption is viewed as irresponsible. Phrases that glamorize heavy drinking raise red flags and are forbidden in most places.
Promising social or physical advantages. Don’t imply your spirits lead to athletic wins, Hulk-like strength, romantic conquests, or guaranteed popularity.
False endorsements. Avoid stating or implying any government or medical authority approval.
Penalties for breaking alcohol advertising rules vary. Regulators might ask you to remove an ad, pay a fine, or halt your sales permit. One winery I knew posted ads referencing weight-loss benefits without TTB approval. The brand faced fines and had to issue a public correction.
Best Practices for Compliant Alcohol Advertising
Regulations may feel restrictive, but they shouldn’t stifle your creativity. In my experience, the most memorable ads stay completely aboveboard because they lean into product authenticity rather than empty promises.
Let's look at some alcohol marketing best practices:
Highlight product quality. Show off unique flavors, sustainable farming methods, or custom bottling processes.
Use creative visuals that resonate with adults rather than minors. Images of vineyards, terroir, brewery tanks, or classy gatherings convey your brand’s spirit.
Be selective with your ad placements. Aim for media platforms or publications with mostly adult audiences.
Use storytelling. Emphasize tradition or innovation without venturing into health claims or underage content.
Add disclaimers if needed. If your product’s label includes ABV details, reflect them in your ads. Brief statements like “Please drink responsibly” project a professional tone.
A favorite example of an ad I’ve seen is a small distillery that ran a campaign centered on the founder’s family heritage and careful barrel-aging techniques. They used black and white photos of the old barn and barrels where their whiskey was aged against the stunning backdrop of the local lake, with imagery of the master distiller sampling a small batch. Nothing about becoming irresistibly desirable or enjoying life-changing health perks — just authentic and evocative storytelling that draws in curious buyers.
Promotions and Sampling Events: Special Rules Apply
Events and promotions can dramatically boost brand awareness, but each one comes with extra scrutiny from regulators. TTB and state authorities want to make sure tastings and giveaways don’t cross the line into unlawful advertising or unlicensed activities:
Sampling events. Know your state’s rules on free pours, sample sizes, or ID checks. Many states cap sample sizes (like 1 ounce of wine or a small pour of spirits).
Permits and disclaimers. Some regions require you to get a permit for public sampling. Others have disclaimers about not overserving.
Promotional language. Avoid phrasing such as “bottomless drinks” or “unlimited pours,” which can suggest binge consumption.
Consequences of non-compliance. Regulators may impose fines, revoke event privileges, or even threaten your overall license if they see repeated violations.
I’ve guided several wineries through tasting room grand openings where we showcased new vintages. The crux was making sure each sample stayed within legal limits, and the messaging around free tastings didn’t imply all-you-can-drink. Framing tasting events as opportunities for education and appreciation means you stay aligned with alcohol advertising rules.
How to Work With Influencers and Brand Ambassadors
Many alcohol brands partner with influencers to connect with loyal fans or niche audiences. Influencer campaigns can supercharge brand visibility, but you’re responsible for any claims or content they share on your behalf. Here are some best practices for advertising your wine, beer, cocktails, or spirits with influencers:
Share guidelines. Teach them what’s off-limits, from health promises to underage themes.
Require disclosures so viewers know the post is paid. The FTC expects this transparency, and failing to comply can land you in legal trouble.
Monitor content. If an influencer’s post violates TTB rules, you could be liable. Asking them to correct or remove questionable posts right away is essential.
Use age-appropriate ambassadors. Working with younger influencers whose followers may be under 21 can put you under a compliance spotlight.
I’ve seen influencer campaigns thrive when both sides agree on the dos and don’ts before the first post goes live. It might feel like extra legwork, but it beats scrambling to delete problematic content once regulators or the public raise concerns.
Advertise With Confidence While Staying Compliant
In short, federal law sets a baseline for alcohol advertising compliance, while state laws often go further in restricting alcohol ad placement, content, and promotions. The potential pitfalls are real — nobody wants to deal with fines or suspended licenses. But there’s an upside. Following these rules demonstrates credibility, helping you earn consumer trust and create marketing materials that focus on what truly makes your wine, beer, or spirits special.
Ready to craft ads that push your brand forward without crossing any lines? My compliance team has helped founders handle everything from TTB label reviews to multi-state marketing rollouts. Feel free to browse our Annual Compliance Checklist for Wineries to see how a structured approach keeps your messaging consistent and correct.
Contact us today for expert advice on staying compliant while you build an unforgettable brand.
Author: Nicole Elizabeth
Nicole Elizabeth is a seasoned expert in Alcoholic Beverage Compliance with over a decade of experience in the wine industry. As the Compliance Team Lead at BBG, she advises wineries on navigating complex regulatory landscapes. Nicole’s previous roles as an Alcohol Beverage Paralegal at Dickenson Peatman & Fogarty and Compliance Specialist at Rodney Strong Vineyards have given her deep expertise in licensing, reporting, and compliance issues. With a background in Wine Studies and Marketing from Sonoma State University, Nicole brings a comprehensive understanding of both the regulatory and business aspects of the wine industry.
