TTB Releases New Guidance on Social Media Advertising for Alcohol Beverages (11/01/2024)
On November 1, 2024, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2024-1, an important update for alcohol industry members navigating social media advertising. This latest guidance clarifies the application of TTB’s advertising regulations under the Federal Alcohol Administration (FAA) Act to all forms of digital media, including social media platforms such as Facebook, Instagram, LinkedIn, TikTok, blogs, and other interactive sites. Below, we’ll break down what this means for industry members.
Application of TTB Regulations to Social Media
According to TTB, social media advertisements are considered any written, graphic, or verbal content intended to promote alcohol beverage sales across state or international lines. TTB’s longstanding advertising rules now explicitly extend to digital platforms, underscoring the need for compliant content across all forms of social media.
Key Compliance Areas for Social Media Advertising
Here’s a closer look at the essential compliance points under the new circular:
Mandatory Information
For social media posts promoting alcohol beverages, TTB requires specific mandatory information:
Essential Statements: Social media posts must include the advertiser's name and address, as well as other product details, including alcohol content and composition, depending on the beverage category (wine, spirits, or malt beverages).
Information Placement: TTB treats an entire social media profile (including the main profile page and linked tabs) as a single advertisement. Therefore, required information should be displayed on the profile or home page, or in sections like “About” or “Products” that are likely to be seen by consumers.
Use of Links: In cases where character limits restrict full disclosure, links (e.g., LinkTree or other link-sharing services) may be used to direct consumers to mandatory information. These links must be clearly labeled and require no further steps to access the information.
Avoiding Prohibited Practices
TTB’s advertising regulations also detail specific practices that are prohibited to prevent consumer deception:
Misleading Statements: Avoid statements about product attributes, age, manufacturing, guarantees, or scientific claims that could mislead consumers.
Content Quality: TTB restricts content that is false, disparaging, obscene, or inconsistent with label information.
Reposted or Shared Content: Industry members are also responsible for ensuring that any third-party content they like, repost, or share complies with TTB standards.
Platform-Specific Guidelines
Media Sharing Platforms (Instagram, YouTube): Profile and media posts (including downloadable content) must visibly display the required information.
Microblogging (X/Twitter): For platforms with tight character limits, profile pages or pinned posts should feature mandatory information or a direct link to it.
Crowdfunding Sites and Apps: Platforms like Kickstarter or mobile apps promoting alcohol must also comply with TTB’s requirements for mandatory information.
QR Codes, Linked Content, and Augmented Reality: Any content linked through QR codes or accessed via AR must meet TTB’s disclosure requirements, ensuring transparency across all digital content.
Social Media Influencers (SMIs) and Advertising Compliance
Influencers who are paid to promote alcohol products are now expressly covered by TTB’s advertising regulations. Industry members are responsible for ensuring that influencer content includes mandatory statements and avoids prohibited claims, just as if they posted the advertisement themselves.
Compliance Considerations for Emerging Platforms
The TTB’s guidance acknowledges that new social media platforms continue to emerge. While not every scenario may be specifically outlined, the TTB emphasizes applying these guidelines consistently to ensure compliance and avoid regulatory issues.
Stay Compliant, Stay Informed
In light of these updates, industry members should regularly review their social media advertising practices. If you have questions or need support ensuring compliance with TTB advertising standards, please reach out. Staying on top of these rules is crucial for avoiding regulatory pitfalls in today’s digital advertising landscape.
For a detailed breakdown, refer to the complete text of Industry Circular 2024-1.
Staying proactive with regulatory updates like these can protect your brand and foster trust with your audience. Let’s work together to make compliance a seamless part of your social media strategy.
