Check an alcohol advertisement against the federal advertising rule
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract the product, the medium, whether the advertisement is calculated to induce sales in interstate or foreign commerce or is sent by mail, and each claim about age, process, analysis, content, or a competitor. Do not rewrite the advertisement.
- What the lawyer must review
- 27 U.S.C. § 205(f) makes it unlawful to publish or disseminate an advertisement of distilled spirits, wine, or malt beverages, by radio, newspaper, periodical, sign, outdoor advertisement, or other printed or graphic matter, if the advertisement is in or calculated to induce sales in interstate or foreign commerce, or is disseminated by mail, unless it conforms to regulations prescribed by the Secretary of the Treasury. Those regulations were not opened. The statute states what the regulations are to do, including preventing deception, prohibiting statements the Secretary finds likely to mislead, giving adequate information as to identity and quality, the treatment of alcoholic-content statements (statements of alcoholic content of malt beverages and wines are prohibited), identifying the person responsible, the neutral-spirits statement for certain distilled spirits, and prohibiting statements that are disparaging of a competitor's products or are false, misleading, obscene, or indecent, or inconsistent with the labeling. A publisher or radio broadcaster is outside subsection (f) unless also in the trade in the way the subsection describes. For malt beverages, interstate advertising applies only to the extent the law of the destination state imposes similar requirements. You apply the current regulations and that state's law. A basic permit under § 203 does not approve the advertisement.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information and assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.