Proposed Text
3VAC5-20-40. Advertising; print and electronic media.
A. Alcoholic beverage advertising in the print or electronic media is permitted with the following requirements and conditions:
1. All alcoholic beverage advertising shall include the name and address (street address optional) of the responsible advertiser.
2. Advertisements of alcoholic beverages are not allowed in
college student publications unless in reference to a dining establishment,
except as provided below. A "college student publication" is defined
as any college or university publication that is prepared, edited or published
primarily by students at such institution, is sanctioned as a curricular or
extra-curricular activity by such institution and which is distributed or
intended to be distributed primarily to persons under 21 years of age.
3. 2. Advertisements of alcoholic beverages are
prohibited in publications not of general circulation which that
are distributed or intended to be distributed primarily to persons under 21
years of age, except in reference to a dining establishment as provided in
subdivision 3; notwithstanding the above mentioned provisions, all All
advertisements of alcoholic beverages are prohibited in publications
distributed or intended to be distributed primarily to a high school or younger
age level.
4. Notwithstanding the provisions of this or any other
regulation of the board pertaining to advertising, a manufacturer, bottler or
wholesaler of alcoholic beverages may place an advertisement in a college
student publication which is distributed or intended to be distributed
primarily to persons over 18 and under 21 years of age which has a message
relating solely to and promoting public health, safety and welfare, including,
but not limited to, moderation and responsible drinking messages, anti-drug use
messages and driving under the influence warnings. Such advertisement may
contain the name, logo and address of the sponsoring industry member, provided
such recognition is at the bottom of and subordinate to the message and
contains no pictures of the sponsor's product. Any public service advertisement
involving alcoholic beverages shall contain a statement specifying the legal
drinking age in the Commonwealth.
B. As used in the section, "electronic media" shall mean any system involving the transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, television, electromagnetic, photo-electronic, or photo-optical system, including, but not limited to, radio, television, electronic mail, and the Internet.