Texas Alcoholic Beverage Code
Sec. § 108.01
Deceptive, Disparaging, or Otherwise Unlawful Advertising


(a)

No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) an advertisement of a brewery product that:

(1)

causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised;

(2)

directly or by ambiguity, omission, or inference tends to create a misleading impression;

(3)

is untrue in any particular;

(4)

disparages a competitor’s product; or

(5)

is obscene or indecent.

(a)

A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) an advertisement of a brewery product that:

(1)

causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised;

(2)

directly or by ambiguity, omission, or inference tends to create a misleading impression;

(3)

is untrue in any particular;

(4)

disparages a competitor’s product; or

(5)

is obscene or indecent.

(b)

The media covered by this section include:

(1)

radio broadcasting;

(2)

newspapers, periodicals, and other publications;

(3)

signs and outdoor advertising; and

(4)

any printed or graphic matter.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 19, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 336, eff. September 1, 2021.
Source
Last accessed
Jul. 14, 2020