(1) Institutional advertising shall mean advertising which promotes company or brand name identification, but does not directly solicit purchase or consumption of liquor. Educational advertising shall mean factual information on liquor, its manufacture, history, consumption and methods of ascertaining the quality of various types of liquors. All liquor advertising on products sold in the state of Washington may not contain any statement, picture, or illustration that:
(a) Is false or misleading;
(b) Promotes over consumption;
(c) Uses the Washington state liquor control board's seal or refers to Washington state liquor control board, except where required by law;
(d) Represents the use of liquor has curative or therapeutic effects, if such statement is untrue or tends to create a misleading impression;
(e) Implies the consumption of liquor enhances athletic prowess, or any statement, picture, or illustration that refers to any known athlete, if such statement, picture, or illustration implies, or if the reader may reasonably infer, that the use of liquor contributed to any known athlete's athletic achievements;
(f) Depicts a child or other person under legal age to consume liquor, or includes:
(i) Objects, such as toys or characters, suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume liquor; or
(ii) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.
(g) Is targeted principally to minors by implying that the consumption of alcoholic beverages is fashionable or the accepted course of behavior for persons under twenty-one years of age; or
(h) Uses subliminal or similar techniques. "Subliminal or similar techniques" as used in this section, refers to any device or technique that is used to convey, or attempts to convey, a message to a person by means of images or sounds of a very brief nature that cannot be perceived at a normal level of awareness.
(2) If advertising claims the alcohol product has a curative or therapeutic effect or enhances health or performance, the licensee must:
(a) Cite the name of the author and date of the research or study supporting the claim; and
(b) Provide a copy of this research or study to the board.
[Statutory Authority: RCW 66.08.030
, and 66.28.010
. WSR 10-06-122, § 314-52-015, filed 3/3/10, effective 4/3/10. Statutory Authority: RCW 66.08.030
. WSR 82-17-031 (Order 108, Resolution No. 117), § 314-52-015, filed 8/11/82. Statutory Authority: RCW 66.08.030
. WSR 80-09-078 (Order 73, Resolution No. 82), § 314-52-015, filed 7/18/80. Statutory Authority: RCW 66.08.030
. WSR 79-08-036 (Order 68, Resolution No. 77), § 314-52-015, filed 7/17/79; Order 46, § 314-52-015, Rule 116.5, filed 6/9/76; Order 10, § 314-52-015, Rule 116.5, filed 10/27/70, effective 11/27/70.]