Virginia Regulatory Town Hall
Agency
Virginia Alcoholic Beverage Control Authority
 
Board
Virginia Alcoholic Beverage Control Board of Directors
 
chapter
Retail Operations [3 VAC 5 ‑ 50]
Action Happy Hour Advertising
Stage Final
Comment Period Ended on 11/15/2019
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11/15/19  11:26 am
Commenter: Jonathan McCoy

Vague Wording
 

While I substantively agree with the proposed regulation, I am confused on the enforcement of the regulation. 3VAC5-50-160(C) permits an expansion of the content allowed to be placed in "Happy Hour" advertisements, save for price, as long as the advertisement "does not induce minors or interdicted individuals to consume alcohol or encourage people to consume in excess."

Herein lies the issue: what authority decides if language is directed towards minors or encourages individuals to consume in excess? How strictly enforced will this rule be and how can each case establish precedent over what is and is not allowed? If characters from a children's cartoon show are used as part of an advertisement, does that count as language directed towards minors? If so, how about characters from animated shows intended for more mature audiences? Will those be allowed? I understand that this may be splitting hairs, but to what degree is the state interested in dedicating an administrative body to review cases like these? What will the standard be for adjudication? Will advertisers be given a warning? How are complaints made? Will precedent be used to decide what language is acceptable and what is not? 

To reiterate, I do believe this regulation is appropriate and reflects a changing social demographic in the state. Ultimately, this regulation will allow businesses to more effectively market their goods and appeal to consumers. More work is needed to define what language will be acceptable and what will not be. 

 

CommentID: 76902