1. (1) The Commission prohibits advertising if it contains:

   1. (a) False or misleading information;
   2. (b) Claims that the alcoholic beverage has curative or therapeutic effects;
   3. (c) Claims that any government agency endorses or supports the alcoholic beverage;
   4. (d) The requirement of purchasing an alcoholic beverage in order to receive a prize or merchandise unless the manufacturer or wholesaler donates the prize or merchandise to a charitable cause or community non-profit entity;
   5. (e) Material so appealing to minors that it encourages them to purchase, possess, or drink alcoholic beverages;
   6. (f) A person displayed drinking an alcoholic beverage;
   7. (g) Material that encourages the use of an alcoholic beverage because of its intoxicating effect;
   8. (h) Statements or illustrations that an alcoholic beverage causes athletic or artistic success;
   9. (i) Material that encourages excessive or rapid consumption.
2. (2) The Commission prohibits any advertising of the promotional practices that are prohibited under OAR 845-006-0345(11).
3. (3) Outside the licensed premises, the Commission prohibits advertising of an alcoholic beverage for on-premises consumption where the expressed or implied meaning is that a customer, in order to receive a reduced price, would be required to purchase more than one drink at a time, such as “two for the price of one”, “buy one — get one free”, or “two for $_____”.
4. (4) Advertising is considered “outside the licensed premises” if the advertising is visible or audible from the outside, including advertising on a website or on a telephone answering machine recording. Responding via email or telephone to a question from a member of the public is not considered advertising and thus is allowed.
5. (5) The Commission prohibits advertising that violates OAR 845-015-0175 (Advertising by a Retail Sales Agent).
6. (6) The Commission prohibits manufacturers and wholesalers from giving retailers point-of-sale items and advertising that the financial assistance laws prohibit (ORS 471.398 and 471.400 and OAR 845-013-0050).

Statutory/Other Authority

ORS 471, 471.030, 471.730(1) & (5)

Statutes/Other Implemented

ORS 471.730(7)

History

OLCC 10-2017, f. 6-30-17, cert. ef. 7-1-17
OLCC 4-2010, f. 4-19-10, cert. ef. 5-1-10
OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03
OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90
LCC 7-1985, f. 7-30-85, cert. ef. 9-1-85
LCC 56-1976, f. 10-20-76, cert. ef. 12-1-76, Renumbered from 845-010-0096