- (a) Except as provided in subsection (b) of this section, as used in §§45.11 - 45.15 of this title (relating to Advertising: Standards Required; Advertisement Defined; Advertising: Mandatory Statements; Advertising: Lettering; and Advertising: Prohibited Statements), the term "advertisement" includes any statement provided by or at the behest of a permittee promoting the purchase of a brand of distilled spirits through the medium of radio broadcast; or of television broadcast; or of newspapers, periodicals, or other publications; or of any sign or outdoor advertisement, or of any other printed or graphic matter, including trade booklets, menus, and cards, if such advertisement is in, or is calculated to induce sales in, this state, or is disseminated by mail.
(b) Notwithstanding subsection (a) of this section, the term "advertisement" does not include:
- (1) any label affixed to any bottle of distilled spirits; or any individual covering, carton, or other container of the bottle, or any written, printed, graphic, or other matter accompanying the bottle, which constitutes a part of the labeling under this subchapter; or
- (2) any editorial or other reading matter in any periodical newspaper, or other publication for which no money or other valuable consideration is paid or promised, directly or indirectly, by any permittee.
Source Note:The provisions of this §45.12 adopted to be effective August 21, 2011, 36 TexReg 5208.