---
title: "Check an alcohol advertisement against the federal advertising rule"
url: "https://ailawframework.com/practice/liquor-gaming-and-wagering-licensing/check-proposed-alcohol-marketing-against-the-responsible-marketing-code/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A58-OC20261022-5-US"
practice_area: "Liquor, Gaming & Wagering Licensing"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check an alcohol advertisement against the federal advertising rule

> 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.…

Canonical page: https://ailawframework.com/practice/liquor-gaming-and-wagering-licensing/check-proposed-alcohol-marketing-against-the-responsible-marketing-code/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Liquor, Gaming & Wagering Licensing](https://ailawframework.com/practice/liquor-gaming-and-wagering-licensing.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check proposed alcohol marketing against the responsible marketing code](https://ailawframework.com/practice/liquor-gaming-and-wagering-licensing/check-proposed-alcohol-marketing-against-the-responsible-marketing-code.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The Secretary must give public notice and a hearing before prescribing regulations under § 205. The regulations themselves were not opened.
- Outdoor advertising already in place on 18 June 1935 is excluded until it is replaced, restored, or renovated.

## Sources

- [27 U.S.C. § 205 (unfair competition and unlawful practices)](https://www.law.cornell.edu/uscode/text/27/205) (checked 2026-10-22)
- [27 U.S.C. § 203 (unlawful businesses without a basic permit)](https://www.law.cornell.edu/uscode/text/27/203) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*