Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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40 Pa. Code § 13.11. Mandatory statements.

DISTILLED SPIRITS


§ 13.11. Mandatory statements.

 (a)  Every advertisement of distilled spirits under this subchapter shall conform to the following:

   (1)  Responsible advertiser. The advertisement shall state the name and address of the producer, manufacturer, bottler, importer or wholesaler responsible for its publication. The street name and number may be omitted in the address.

   (2)  Class, type and distinctive designation. The advertisement shall contain a conspicuous statement of the class, type or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.

   (3)  Alcoholic content. The alcoholic content shall be stated in the manner and form in which it appears on the labels of the distilled spirits advertised.

   (4)  Percentage of neutral spirits and name of commodity. In the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production, there shall be stated in the advertisement the percentage of neutral spirits used and the name of the commodity from which such neutral spirits have been distilled in substantially the form in which such statements appear on the labels of the distilled spirits advertised. In the case of neutral spirits or of gin produced by a process of continuous distillation, there shall be stated in the advertisement the name of the commodity from which such neutral spirits or gin has been distilled substantially in the form in which such statement appears on the labels of the distilled spirits advertised.

   (5)  ‘‘Line’’ or ‘‘Brand’’ advertisements. Where an advertisement does not mention a specific product but merely refers to a class of distilled spirits, and the advertiser markets more than one brand of distilled spirits of that class, or where the advertisement refers to several classes of distilled spirits marketed under a single brand, the only mandatory information under this section applicable to such advertisement is the name and address of the responsible advertiser.

   (6)  Retail establishments. Advertisements by retail establishments which merely refer to the availability of distilled spirits in such establishments but which make no other reference to a specific brand shall be subject only to the provisions of §  13.13 (relating to prohibited statements).

   (7)  Advertising of price and size. Advertisements of distilled spirits which show store prices shall use the phrase ‘‘Retail Price’’ in quoting the current State Liquor Store retail price. Where reference to licensee discount is made the advertisement shall display the statement ‘‘Discount to Licensees,’’ and such phrase should appear on the line below ‘‘Retail Price.’’

 (b)  Wholesale prices shall not be shown in advertisements except in the case of direct mail advertisements to licensees, of special liquor order merchandise, which may show the total wholesale case price, as released by the Board.

 (c)  A quart shall be advertised as ‘‘quart,’’ 4/5 quart as ‘‘fifth’’ or ‘‘4/5 quart,’’ a pint as ‘‘pint,’’ and the like, and all characters shall be of the same size.



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