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§ 4-498. Unlawful advertising

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: February 7, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 47 P.S. Liquor (Refs & Annos)
Chapter 1. Liquor Code (Refs & Annos)
Article IV. Licenses and Regulations; Liquor, Alcohol and Malt and Brewed Beverages
(d) Unlawful Acts; Penalties
Effective: February 7, 2003
47 P.S. § 4-498
§ 4-498. Unlawful advertising
Currentness
(a) Manufacturers, wholesalers, retailers and shippers, whether from outside or inside this Commonwealth, and any licensee under this act are permitted to advertise their products and prices in this Commonwealth. All advertisements shall be subject to all Federal and State laws and regulations.
(b) No advertisement of price may contain the following:
(1) Any statement that is false, deceptive or misleading.
(2) Any statement that is disparaging of the products of a competitor.
(3) Any statement referring to monetary comparison between brands.
(c) Prices that are advertised or displayed on the licensed premises shall be those that are in effect at the time of the advertisement or display.
(d) Deleted by 2002, Feb. 21, P.L. 103, No. 10, § 23, effective in 60 days.
(e) The following shall apply to all alcoholic beverage and malt beverage advertising:
(1) The entity responsible for the advertisement shall be clearly identified in the advertisement.
(2) No licensee may distribute, by mail, personally or through servants, agents or employees, price lists, circulars or handbills off the licensed premises to the general public as a means of advertising liquor, wine or malt or brewed beverages.
(3) No print advertisement of alcoholic beverages of any type shall be permitted within three hundred feet of any church, school or public playground. This prohibition shall not preclude any point of sale advertisement, menus or other print advertisement regarding alcoholic beverages inside the licensed premises.
(4) The use in any advertisement of alcoholic beverages of any subject matter, language or slogan directed to minors to promote consumption of alcoholic beverages is prohibited. Nothing in this section shall be deemed to restrict or prohibit any advertisement of alcoholic beverages to those persons of legal drinking age.
(5) No advertisement shall be permitted, either directly or indirectly, in any booklet, program book, yearbook, magazine, newspaper, periodical, brochure, circular or other similar publication published by, for or in behalf of any educational institution.
(6) No advertisement that is obscene shall be permitted.
(f) Advertisement of alcoholic beverages and malt and brewed beverages shall not be inconsistent with the spirit of safety or safe driving programs.
(g) For purposes of this subsection, the term “advertisement” shall mean any advertising of alcoholic beverages through the medium of radio broadcast, television broadcast, newspapers, periodicals or other publication, outdoor advertisement, any form of electronic transmission or any other printed or graphic matter, including booklets, flyers or cards, or on the product label or attachment itself.

Credits

1951, April 12, P.L. 90, No. 21, § 498, added 1987, June 29, P.L. 32, No. 14, § 86, effective July 1, 1987. Amended 1996, Dec. 20, P.L. 1523, No. 199, § 5, effective in 60 days; 2002, Feb. 21, P.L. 103, No. 10, § 23, effective in 60 days; 2002, Dec. 9, P.L. 1653, No. 212, § 28, effective in 60 days.
47 P.S. § 4-498, PA ST 47 P.S. § 4-498
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document