Public-domain · open source
OpenJurist

Tex. Alco. Bev. Code § 108.01

DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING

Applied in 1 court decision — leading case Authentic Beverages Co. v. Texas Alcoholic Beverage Commission (2011)

Most recently applied in Authentic Beverages Co. v. Texas Alcoholic Beverage Commission (December 2011)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.