1. (a) Restrictions. An advertisement of distilled spirits shall not contain:

   1. (1) any statement that is false or untrue in any particular or that irrespective of falsity, directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression;
   2. (2) any statement that is disparaging of a competitor's product;
   3. (3) any statement, design, device, or representation which is obscene or indecent;
   4. (4) any statement, design, device, or representation of or relating to analyses, standards or tests, irrespective or falsity, which the administrator finds to be likely to mislead the consumer;
   5. (5) any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which the administrator finds to be likely to mislead the consumer. Enforceable money back guarantees are not prohibited;
   6. (6) any statement that the distilled spirits are distilled, blended, made, bottled, or sold under or in accordance with any municipal, state, federal, or foreign authorization, law or regulation, unless such statement appears in the manner authorized by §18 for labels of distilled spirits. If a municipal, state or federal permit number is stated, such permit number shall not be accompanied by any additional statements relating thereto;
   7. (7) the words "bond," "bonded," "bottled in bond," "aged in bond," on phrases containing these or synonymous terms, unless such words or phrases appear, pursuant to §45.18 of this title (relating to Labels: Prohibited Practices), on labels of the distilled spirits advertised, and are stated in the advertisement in the manner and form in which they are permitted to appear on the label;
   8. (8) the word "pure" unless as part of the bona fide name of a permittee for whom the distilled spirits are bottled; or
   9. (9) the words "double distilled," "triple distilled," or any similar words.
2. (b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of distilled spirits which is prohibited from appearing on the label or which is inconsistent with any statement on the label thereof.
3. (c) Statement of age. The advertisement shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product. When any such statement, design, or device concerning age or maturity is contained in any advertisement, it shall include (in direct conjunction therewith and with substantially equal conspicuousness) all parts of the statement, if any, concerning age and percentages required to be made on the label under the provisions of §§45.6-45.18 of this title (relating to Label Required; Alteration of Labels; Mandatory Label Information; Labels: Additional Requirements; Labels: Brand Names; Labels: Class and Type; Labels: Name and Address; Labels: Alcoholic Content; Labels: Net Content; Labels: Presence of Neutral Spirits and Coloring, Flavoring, and Blending Materials; Labels: Statements of Age and Percentage; Bottle Cartons, Booklets, and Leaflets; and Labels: Prohibited Practices). An advertisement for any whiskey or brandy (except immature brandies) which is not required to bear a statement of age on the label or an advertisement for any rum, tequila or mescal, which has been aged for not less than four years may, however, contain inconspicuous, general representation as to age, maturity or other similar representation even though a specific age statement does not appear on the label of the advertised product and in the advertisement itself.
4. (d) Curative and therapeutic effects. The advertisement shall not contain any statement, design, or device representing that the use of any distilled spirits has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.
5. (e) Place or origin. The advertisement shall not represent that the distilled spirits were manufactured in or imported from a place or country other than that of their actual origin, or were produced or processed by one who was not in fact the actual producer or processor.
6. (f) Confusion of brands. Two or more different brands or lots of distilled spirits shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or newspaper, or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the impression that representations made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provisions of this regulation or are in any respect untrue.
7. (g) Flags, seals, coats of arms, crests, and other insignia. An advertisement shall not contain any statement, design, device, or pictorial representation which the administrator finds relates to or is capable of being construed as relating to the armed forces of the United States, or the American flag, or the Texas flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated.
8. (h) Cooperative advertising by retailers. It shall be unlawful for any person holding a package store permit to share the same advertisement of distilled spirits with any other person or persons holding a package store permit or permits, provided, however, that members of a partnership or corporation may share the same distilled spirits advertisement when said distilled spirits are offered for sale under the permit or permits held by the said partnership or corporation.
9. (i) Advertising damage. All distilled spirits advertised with prices by package store permittees shall state the brand name of the distilled spirits offered for sale.

Source Note:The provisions of this §45.28 adopted to be effective January 1, 1976.