Chapter 20. Advertising
3VAC5-20-10. Advertising; generally; cooperative advertising; federal laws; restrictions.
A. All alcoholic beverage advertising is permitted in the Commonwealth except that which is prohibited or otherwise limited or restricted by regulation of the Virginia Alcoholic Beverage Control Authority (authority). Any editorial or other reading matter in any periodical, publication, or newspaper for the publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by or for the benefits of any permittee or licensee does not constitute advertising.
B. The authority may permit a variance from any of its advertising regulations for good cause shown.
C. No advertising shall contain any statement, symbol, depiction, or reference that:
1. Would tend to induce persons younger than 21 years of age to drink or would tend to induce persons to consume to excess;
2. Is obscene or is suggestive of any illegal activity;
3. Implies that the product enhances athletic prowess, uses the name, image, or likeness of an athlete younger than 21 years of age, depicts any athlete consuming or about to consume alcohol prior to or while engaged in an athletic activity, or depicts an athlete consuming alcohol while the athlete is operating or about to operate a motor vehicle or other machinery;
4. Contains any statement that is false or untrue in any material respect, or that, irrespective of falsity, directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter tends to create a misleading impression;
5. Implies or indicates, directly or indirectly, that the product is government endorsed by the use of flags, seals, or other insignia or otherwise;
6. Makes any reference to the intoxicating effect of any alcoholic beverages;
7. Constitutes or contains a contest or sweepstakes where a purchase of alcoholic beverages is required for participation; or
8. Constitutes or contains an offer to pay or provide anything of value conditioned on the purchase of alcoholic beverages, except for (i) a combination of food and alcoholic beverages offered at a discounted price by an on-premises licensee during the permitted hours for a happy hour pursuant to 3VAC5-50-160 or (ii) refund coupons and combination packaging. Any such combination packaging shall be limited to packaging provided by the manufacturer that is designed to be delivered intact to the consumer.
D. The authority shall not regulate advertising of nonalcoholic beer or nonalcoholic wine so long as (i) a reasonable person by common observation would conclude that the advertising clearly does not represent any advertisement for alcoholic beverages and (ii) the advertising prominently states that the product is nonalcoholic.
E. Interior advertising materials may not be illuminated, except for back bar pedestals upon which advertising regarding spirits may appear.
Statutory Authority
§§ 4.1-111 and 4.1-320 of the Code of Virginia.
Historical Notes
Derived from VR125-01-2 § 1, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 18, Issue 23, eff. August 28, 2002; Volume 26, Issue 11, eff. March 5, 2010; Volume 30, Issue 6, eff. December 18, 2013; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-20-20. (Repealed.)
Historical Notes
Derived from VR125-01-2 § 2, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 26, Issue 11, eff. March 5, 2010; repealed, Virginia Register Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-20-30. Advertising; exterior.
Outdoor alcoholic beverage advertising shall comply with 3VAC5-20-10 and shall be limited as follows:
1. No outdoor alcoholic beverage advertising shall depict persons consuming alcoholic beverages, use cartoon characters in any way, or use persons who are younger than 21 years of age as models or actors.
2. No alcoholic beverage manufacturer, importer, or wholesale licensee may sell, rent, lend, buy for, or give to any retail licensee any outdoor alcoholic beverage advertising materials, except for items permitted by 3VAC5-30-60 and 3VAC5-30-80.
3. No alcoholic beverage manufacturer or importer may require a wholesale licensee to place outdoor alcoholic beverage advertising or exercise control over the funds of a wholesale licensee for any purpose, including the purchase of outdoor alcoholic beverage advertising.
Statutory Authority
§§ 4.1-111 and 4.1-320 of the Code of Virginia.
Historical Notes
Derived from VR125-01-2 § 3, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 26, Issue 11, eff. March 5, 2010; Volume 30, Issue 6, eff. December 18, 2013; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-20-40. Advertising; print and electronic media.
A. Alcoholic beverage advertising in the print or electronic media is permitted with the following requirements and conditions:
1. All alcoholic beverage advertising shall include the name and address (street address optional) of the responsible advertiser.
2. Advertisements of alcoholic beverages are prohibited in publications not of general circulation that are distributed or intended to be distributed primarily to persons under 21 years of age. All advertisements of alcoholic beverages are prohibited in publications distributed or intended to be distributed primarily to a high school or younger age level.
B. As used in the section, "electronic media" shall mean any system involving the transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, television, electromagnetic, photo-electronic, or photo-optical system, including, but not limited to, radio, television, electronic mail, and the Internet.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-2 § 4, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 26, Issue 11, eff. March 5, 2010; Volume 32, Issue 20, eff. July 15, 2016.
3VAC5-20-50. (Repealed.)
Historical Notes
Derived from VR125-01-2 § 5, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; repealed, Virginia Register Volume 26, Issue 11, eff. March 5, 2010.
3VAC5-20-60. (Repealed.)
Historical Notes
Derived from VR125-01-2 § 6, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 18, Issue 23, eff. August 28, 2002; Volume 26, Issue 11, eff. March 5, 2010; Volume 30, Issue 6, eff. December 18, 2013; repealed, Virginia Register Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-20-70. (Repealed.)
Historical Notes
Derived from VR125-01-2 § 7, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; repealed, Virginia Register Volume 26, Issue 11, eff. March 5, 2010.
3VAC5-20-80. (Repealed.)
Historical Notes
Derived from VR125-01-2 § 8, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; repealed, Virginia Register Volume 26, Issue 11, eff. March 5, 2010.
3VAC5-20-90. Advertising; coupons.
A. "Normal retail price" shall mean the average retail price of the brand and size of the product in a given market and not a reduced or discounted price.
B. Coupons may be advertised in accordance with the following conditions and restrictions:
1. Manufacturers or importers of spirits, wine, and beer may use only consumer submitted refund, not instantly redeemable discount, coupons. The coupons may not exceed 50% of the normal retail price and may not be honored for on-premises consumption at a retail outlet or state government store but shall be submitted directly to the manufacturer or importer or its designated agent. Such agent may not be a wholesaler or retailer of alcoholic beverages. Consumer proof of purchase, such as a dated, retail-specific receipt, is required for redemption of all consumer coupons. Coupons are permitted in the print media, via the Internet, by direct mail or email to consumers, or as part of, or attached to, the package. Manufacturers, importers, bottlers, brokers, wholesalers, and their representatives may provide coupon pads to retailers for use by retailers on their premises if done for all retail licensees equally and after obtaining the consent, which may be a continuing consent, of each retailer or retailer's representative. Wholesale licensees may attach refund coupons to the package if done for all retail licensees equally and after obtaining the consent, which may be a continuing consent, of each retailer or retailer's representative.
2. Manufacturers or importers offering refund coupons on spirits and wine sold in state government stores shall notify the board at least 15 days in advance of the issuance of the coupons of its amount, its expiration date, and the area of the Commonwealth in which it will be primarily used if not used statewide.
3. Wholesale licensees are not permitted to offer coupons.
4. Retail licensees may offer coupons, including their own discount or refund coupons, on wine and beer sold for off-premises consumption only. Retail licensees may offer their own coupons in the print media, at the point of sale, or by direct mail to consumers.
5. No retailer may be paid a fee by manufacturers or wholesalers of alcoholic beverages for display or use of coupons, and the name of the retail establishment may not appear on any refund coupons offered by manufacturers. No manufacturer or wholesaler may furnish any coupons or materials regarding coupons to retailers that are customized or designed for discount or refund by the retailer.
6. Retail licensees or employees thereof may not receive refunds on coupons obtained from the packages before sale at retail.
7. No coupons may be honored for any individual younger than the legal age for purchase.
Statutory Authority
§§ 4.1-111 and 4.1-320 of the Code of Virginia.
Historical Notes
Derived from VR125-01-2 § 9, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 26, Issue 11, eff. March 5, 2010; Volume 30, Issue 6, eff. December 18, 2013; Volume 38, Issue 9, eff. February 7, 2022; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-20-100. Advertising; sponsorship of public events; restrictions and conditions.
A. Generally. Alcoholic beverage advertising in connection with the sponsorship of public events shall be limited to sponsorship of conservation and environmental programs; professional, semi-professional, or amateur athletic and sporting events; and events of a charitable or cultural nature by distilleries, wineries, breweries, importers, and bottlers.
B. Restrictions and conditions.
1. Any sponsorship on a college, high school, or younger age level is prohibited;
2. Cooperative advertising, as defined in 3VAC5-30-80, is prohibited;
3. Awards or contributions of alcoholic beverages are prohibited;
4. Advertising of alcoholic beverages shall conform in size and content to the other advertising concerning the event and advertising regarding charitable events shall place primary emphasis on the charitable fundraising nature of the event;
5. A charitable event is one held for the specific purpose of raising funds for a charitable organization that is exempt from federal and state taxes;
6. Advertising in connection with the sponsorship of an event may be in any media, such as print media, the Internet or other electronic means, television, or radio; by direct mail or flyers to consumers; on programs, tickets, and schedules for the event; on the inside of licensed or unlicensed retail establishments; and at the site of the event;
7. Advertising materials as defined in 3VAC5-30-80 M, table tents as defined in 3VAC5-30-60 A, and canisters are permitted;
8. Prior written notice shall be submitted to the Virginia Alcoholic Beverage Control Authority describing the nature of the sponsorship and giving the date, time, and place of it;
9. Manufacturers may sponsor public events; and
10. Wholesalers may only cosponsor charitable events with manufacturers.
Statutory Authority
§§ 4.1-111 and 4.1-320 of the Code of Virginia.
Historical Notes
Derived from VR125-01-2 § 10, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 26, Issue 11, eff. March 5, 2010; Volume 30, Issue 6, eff. December 18, 2013; Volume 41, Issue 10, eff. January 29, 2025.