STATE OF WASHINGTON

WASHINGTON STATE LIQUOR CONTROL BOARD

3000 Pacific Ave SE PO Box 43075 Olympia WA 98504-3075 (360) 664-1600

Liquor Control Board Interim Policy
Subject of policy:		Interim Policy Regarding Approval of Beer, Wine and Spirits Labels
Effective date:		March 1, 2000, to be in effect until rule making on this subject is completed.
Contact information:			Licensing and Regulation Division, 360-664-1600
Authority for policy:			RCW 66.08.030, RCW 66.24.010(1), RCW 66.24.010(3)(a), RCW 66.24.120, WAC 314-12-030, WAC 314-12-033, WAC 314-12-020(1)
Approved:
	Eugene Prince, Chairman			Vera Ing, Board Member	Katherine Kreiter, Board Member

Purpose statement:

The purpose of the Liquor Control Board’s interim policy regarding criteria for approval of liquor advertising is to change and clarify the for the Liquor Control Board’s approval of beer, wine, and spirit labels.

Interim Policy Statement:

When alcohol beverage labels are submitted to the Board’s Licensing and Regulation Division for approval, staff will use the following criteria in lieu of WAC 314-52-015 subsection (1) through subsection (6), and WAC 314-52-020:

Beer, wine, or spirit labels on products sold in the state of Washington may not contain any statement, picture, or illustration that:

a) is false or misleading;

b) promotes overconsumption of liquor;

c) shows a person who appears to be under 21 year of age consuming alcohol; or

d) uses the Washington State Liquor Control Board’s seal or refers to the Washington State Liquor Control Board, except where required by federal law.

If a label claims the alcohol product has a curative or therapeutic effect or enhances health or performance, the licensee must:

a) cite, on the label, the name, author, and date of the research or study supporting the claim, and

b) provide a copy of this research or study to the Board’s Licensing and Regulation Division.

WAC 314-52-015 General. Institutional advertising shall mean advertising which promotes company or brand name identification, but does not directly solicit purchase or consumption of liquor. Educational advertising shall mean factual information on liquor, its manufacture, history, consumption and methods of ascertaining the quality of various types of liquors such as German wines, French cognacs, or other classifiable types of product. All liquor advertising shall be modest, dignified and in good taste and shall not contain:

(1) Any statement or illustration that is false or misleading in any material particular.

(2) Any statement, picture, or illustration which promotes overconsumption.

Superseded by policy dated 3-1-00

(3) Any statement, picture, illustration, design, device, or representation which is undignified, obscene, indecent, or in bad taste.

(4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which is likely to mislead the consumer.

(5) Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which is likely to mislead the consumer.

Nothing in this section shall prohibit the use of any enforceable guaranty in substantially the following form: "We will refund the purchase price to the purchaser if he is in any manner dissatisfied with the contents of this package."

(6) Any statement that the product is produced, blended, made, bottled, packed or sold under, or in accordance with, any authorization, law, or regulation of any municipality, county, or state, federal or foreign government unless such statement is required or specifically authorized by the laws or regulations of such government; and if municipal, state or federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto.

Subsections (7) through (10) are not affected by policy.

(7) Any statement, design or device representing that the use of liquor has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.

(8) Any statement, picture, or illustration implying that the consumption of liquor enhances athletic prowess, or any statement, picture, or illustration referring to any known athlete, if such statement, picture, or illustration implies, or if the reader may reasonably infer, that the use of liquor contributed to such known athlete's athletic achievements.

(9) Any depiction of a child or other person under legal age to consume liquor; any depiction of objects, such as toys, suggestive of the presence of a child, nor any other depiction designed in any manner as to be especially appealing to children or other persons under legal age to consume liquor.

(10) Any reference to any religious character, sign or symbol, except in relation to kosher wines or where such are a part of an approved label.

[Statutory Authority: RCW 66.08.030 and 66.98.070. 82-17-031 (Order 108, Resolution No. 117), § 314-52-015, filed 8/11/82. Statutory Authority: RCW 66.08.030, 66.08.060 and 66.98.070. 80-09-078 (Order 73, Resolution No. 82), § 314-52-015, filed 7/18/80. Statutory Authority: RCW 66.08.030, 66.08.060 and 66.08.070. 79-08-036 (Order 68, Resolution No. 77), § 314-52-015, filed 7/17/79; Order 46, § 314-52-015, Rule 116.5, filed 6/9/76; Order 10, § 314-52-015, Rule 116.5, filed 10/27/70, effective 11/27/70.]