Texas Alcoholic Beverage Code
Sec.
§
108.02
Prohibited Forms of Advertising
No person may advertise an alcoholic beverage or the sale of an alcoholic beverage by the employment or use of a sound vehicle or handbill on a public street, alley, or highway.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 competitors 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 competitors 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.Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977.