Introduction
Beer is a legal beverage meant to be consumed responsibly. Its origins are ancient, and it has held a respected position in nearly every culture and society since the dawn of recorded history. Advertising is a legitimate effort by brewers to make consumers aware of the particular types, brands, and prices of malt beverages that are available.
Beer distribution in the United States is subject to extensive laws and regulations, enforced by federal, state, and local governments. Federal and state law establishes a three-tiered distribution system for beer, composed of brewers, wholesale distributors, and retail sellers. Companies in each tier of this distribution system are required by law to maintain their commercial independence. The Beer Institute encourages all with whom brewers do business to adhere to the law, as well as this voluntary Advertising and Marketing Code, which is provided annually to the independent distributors which sell their products.
Three basic principles, which have long been reflected in the policies of the brewing industry, continue to underlie these Guidelines. First, Beer advertising should not suggest directly or indirectly that any of the laws applicable to the sale and consumption of beer should not be complied with. Second, brewers should adhere to standards of candor and good taste applicable to all commercial advertising. Third, brewers are responsible corporate citizens, sensitive to the problems of the society in which they exist, and their advertising should reflect that fact. Brewers strongly oppose abuse or inappropriate consumption of their products.
Guidelines
1. These guidelines apply to all brewer advertising
and marketing materials, including Internet and other cyberspace
media. These guidelines do not apply to educational materials
or televised, printed, or audio messages of a non-brand specific
nature; nor to materials or messages designed specifically
to address issues of alcohol abuse or underage drinking.
2. Beer advertising and marketing materials
should portray beer in a responsible manner.
| a. |
Beer advertising and marketing materials should not portray, encourage, or condone drunk driving.
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| b. |
Beer advertising and marketing materials should not depict situations where beer is being consumed excessively, in an irresponsible way, or in any way illegally.
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| c. |
Beer advertising and marketing materials should not portray persons in a state of intoxication or in any way suggest that intoxication is acceptable conduct.
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| d. |
Beer advertising and marketing materials should not portray or imply illegal activity of any kind.
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| e. |
Retail outlets or other places portrayed in advertising should be depicted as well kept and respectable establishments.
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3. Brewers are committed to
a policy and practice of responsible advertising and marketing.
As a part of this philosophy, beer advertising and marketing
materials are intended for adults of legal purchase age who
choose to drink.
| a. |
Beer advertising and marketing materials should not employ any symbol, language, music, gesture, or cartoon character that is intended to appeal primarily to persons below the legal purchase age. Advertising or marketing material has a "primary appeal" to persons under the legal purchase age if it has special attractiveness to such persons beyond the general attractiveness it has for persons above the legal purchase age.
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| b. |
Beer advertising and marketing materials should not employ any entertainment figure or group that is intended to appeal primarily to persons below the legal purchase age.
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| c. |
Beer advertising and marketing materials should not depict Santa Claus.
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| d. |
Beer advertising and marketing materials shall only be placed in magazines, on television, or on radio where at least 70% of the audience is expected to be adults of legal purchase age. The brewer placing advertising or marketing materials in magazines, on television, or on radio shall conduct periodic after-the-fact audits, at least semi-annually, of a random portion of its placements. If a brewer learns that a placement did not meet the Code Standard it will take steps to prevent a reoccurrence. A placement will be considered reasonable if the audience composition data reviewed prior to placement met the percentages set forth above. What constitutes a reasonable basis for placement depends on the medium and available data for that medium. Buying guidelines for the implementation of this section will be distributed in conformance with the dissemination provisions of this code.
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| e. |
To help insure that the people shown in beer advertising are and appear to be above the legal purchase age, models and actors employed should be a minimum of 25 years old, substantiated by proper identification, and should reasonably appear to be over 21 years of age.
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| f. |
Beer should not be advertised
or marketed at any event where most of the audience is
reasonably expected to be below the legal purchase age.
This guideline does not prevent brewers from erecting
advertising and marketing materials at or near facilities
that are used primarily for adult-oriented events, but
which occasionally may be used for an event where most
attendees are under age 21.
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| g. |
No beer identification, including logos, trademarks, or names should be used or licensed for use on clothing, toys, games or game equipment, or other materials intended for use primarily by persons below the legal purchase age.
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| h. |
Brewers recognize that parents play a significant role in educating their children about the legal and responsible use of alcohol and may wish to prevent their children from accessing Internet Web sites without parental supervision. To facilitate this exercise of parental responsibility, Beer Institute will provide to manufacturers of parent control software the names and Web site addresses of all member-company Web sites. Additionally, brewers will require disclosure of a viewer's date of birth at the entry to their websites and will post reminders at appropriate locations in their Web site indicating that brewer products are intended only for those of legal purchase age. These locations include entrance into the Web site, purchase points within the Web site, and access into adult-oriented locations within the Web site, such as virtual bars.
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4. Beer consumption is intended as a complement
to leisure or social activity. Beer advertising and marketing
activities should not associate or portray beer drinking before
or during activities which require a high degree of alertness
or coordination.
5. Beer advertising and marketing materials should not make
exaggerated product representations.
| a. |
Beer advertising and marketing materials should not convey the impression that a beer has special or unique qualities if in fact it does not.
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| b. |
Beer advertising and marketing materials should make no scientifically unsubstantiated health claims.
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| c. |
Beer may be portrayed to
be part of personal and social experiences and activities.
Nevertheless, beer advertising and marketing materials
should contain no claims or representations that individuals
cannot obtain social, professional, educational, athletic,
or financial success or status without beer consumption;
nor should they claim or represent that individuals cannot
solve social, personal, or physical problems without beer
consumption.
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6. Beer advertising and marketing materials should reflect generally accepted contemporary standards of good taste.
| a. |
Beer advertising and marketing materials should not contain any lewd or indecent language or images.
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| b. |
Beer advertising and marketing materials should not portray sexual passion, promiscuity, or any other amorous activity as a result of consuming beer.
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| c. |
Beer advertising and marketing materials should not employ religion or religious themes.
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7. Beer advertising and marketing
materials should not disparage competing beers. In the event
comparisons are drawn between competing beers, the claims
made should be truthful and of value to consumers.
8. Beer advertising and marketing materials
should never suggest that competing beers contain objectionable
additives or ingredients.
9. Beer advertising and marketing materials should not refer to any intoxicating effect that the product may produce.
10. Beer advertising and marketing
materials should not depict the act of drinking.
11. Beer advertising and marketing
materials should not show littering or otherwise improper
disposal of beer containers, unless the scenes are used clearly
to promote anti-littering and/or recycling campaigns.
12. College marketing
Beer advertising and marketing activities on college and university campuses, or in college media, should not portray consumption of beer as being important to education, nor shall advertising directly or indirectly degrade studying. Beer may be advertised and marketed on college campuses or at college-sponsored events only when permitted by appropriate college policy.
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On-campus promotions/sponsorships
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1. Company sponsored events:
Company sponsorship of on-campus events or company promotions
at on-campus licensed retail establishments shall be limited
to events conducted in accord with this Code, state law,
and applicable institutional policies. In their content
and implementation, company on-campus promotions and sponsorships
shall not encourage the irresponsible, excessive, underage,
or otherwise illegal consumption of alcohol.
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2. Branded products:
Beer-branded promotional products such as key chains,
clothing, posters, or other tangible goods designed to
promote specific beer brands, are intended only for adults
of legal purchase age. Distribution of these items will
therefore take place only at licensed retail establishments
or where distribution is limited to those over the legal
purchase age, and otherwise conforms with applicable laws
and institutional policies.
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3. Tastings: Tasting
events at which product samples are provided should occur
at licensed retail establishments or where distribution
is limited to those over the legal purchase age, and otherwise
conforms with applicable laws and institutional policies.
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| b. |
Company sales representatives
Company sales representatives who undertake sales calls on or near a college campus must be at least of legal purchase age, and shall conduct sales activities in conformity with this Code.
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13. Billboards
Billboard advertisements by brewers shall be located at least 500 linear feet from established and conspicuously identified elementary or secondary schools, places of worship, or public playgrounds.
14. Product placement
Movies and television programs frequently portray consumption of alcohol and related signage and props in their productions. Brewers encourage producers to seek company approval before using their products, signage, or other props in artistic productions. While producers sometimes seek prior approval from the companies, the final artistic and editorial decisions concerning product portrayal are always within the exclusive control of the movie or television producers.
With regard to those who seek company approval, product placement will be guided by the following principles:
| a. |
Case by Case Approval:
Where their approval is sought, brewers will approve or
reject product placement in specific projects or scenes
on a case by case basis, based upon the information provided
by the movie or television program's producers.
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| b. |
Portrayal of drinking and
driving: Brewers discourage the illegal or irresponsible
consumption of their products in connection with driving.
Consistent with that philosophy, the companies will not
approve product placement where the characters engage
in illegal or irresponsible consumption of their products
in connection with driving.
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| c. |
Underage drinking:
Brewers discourage underage drinking and do not intend
for their products to be purchased or consumed illegally
by minors. Consistent with that philosophy, the companies
will not approve product placement which portrays purchase
or consumption of their products by persons who are under
the legal purchase age.
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| d. |
Primary appeal to minors:
Brewers discourage underage drinking and do not intend
for their products to be purchased or consumed illegally
by minors. Consistent with that philosophy, the companies
will not approve product placement where the primary character(s)
are under the legal purchase age or the primary theme(s)
are, because of their content or presentation, particularly
attractive to children.
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| e. |
Portraying alcoholism/alcohol
abuse: Brewers do not want their products to be abused.
Consistent with that philosophy, the companies will not
approve product placement where characters use their products
irresponsibly or abusively or where alcoholism is portrayed,
unless the depiction supports a responsible-use message.
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Code Compliance and Dissemination
Each member of the Beer Institute is committed to the philosophy of the Code and is committed to compliance with the Code. When the Beer Institute receives complaints with regard to any member's advertising or marketing, it has long been its practice and it will continue to be its practice to promptly refer such complaints in writing to the member company for its review and action. To facilitate this end, the Beer Institute maintains an 800 number (1-800-379-2739). A copy of this code shall continue to be given to every brewery employee, wholesale distributor and outside agency whose responsibilities include advertising and marketing beer, as well as to any outside party who might request it.
Beer Institute
122 C Street, N.W., Suite 750
Washington, DC 20001-2150
202-737-2337
Buying Guidelines for the Implementation of Section 3(d) of the
Beer Institute Advertising and Marketing Code
Brewers shall use the following guidelines when purchasing advertising in magazines or on television or radio.
Magazines
| A. |
For the purchase of print
advertisements in magazines, use of a nationally recognized
measurement service providing age 12-plus audience composition
data to the extent available, or if not available, age
18-plus audience compositional data, or, if unmeasured,
subscription data and/or other data from comparable publications;
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| B. |
For the purchase of print
advertisements in new magazines, use of subscription data
and/or other data from comparable publications;
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| C. |
A placement will be considered
appropriate when data supplied by the sources referenced
in (A) and (B) above shows that the publication is in
compliance with the code.
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Television
| A. |
For national network television
advertising buys, use of national audience composition
data on the program in the timeslot;
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| B. |
For syndicated, cable or local
spot television buys, use of national audience composition
data for the program or daypart being bought;
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| C. |
For new buys, use of national
audience composition data for comparable programs in comparable
timeslots;
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| D. |
A placement will be considered
appropriate when data for two consecutive rating periods
shows that the program or daypart is in compliance with
the Code.
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Radio
| A. |
For audited radio stations,
use of audience composition data for the daypart;
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| B. |
For unaudited radio stations,
use of audience composition data provided by the station
regarding the targeted daypart being bought or compositional
data for the daypart of comparable stations in comparable
markets;
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| C. |
A placement will be considered
appropriate when data for the preceding rating period
of at least six months shows that the daypart is in compliance
with the Code.
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These guidelines will be reviewed from time to time to assure that they are the most accurate measurement available for the audience composition data in question.
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