APPENDIX A

TABC & Alcohol-Promotion Quick Reference

A fast, scannable map of the three legal regimes that govern any alcohol-related post or partnership. Distilled from Chapters 28 and 31.

Any time money, free product, or an alcohol brand touches your content, you are standing inside three overlapping bodies of law at once — Texas alcohol regulation, federal alcohol-advertising rules, and federal disclosure rules. This card is a fast reference to all three. It is a map, not legal advice: the rules shift and are deeply fact-specific, so treat every red flag here as a reason to call a licensed Texas alcohol-law attorney before you act.

The Three Regimes at a Glance

1 · TABC & the Tied-House Rule (Texas)

Three-tier system. Texas law keeps the three tiers — producers/suppliers, distributors, and retailers — financially independent of one another.

Your bar is a retailer. That places you, as its employee, on the retail tier.

The tied-house line. A supplier generally cannot give a retailer (your bar) a ’thing of value.’ A brand paying you can, depending on the facts, be treated as value flowing to the bar.

Structure, not intent. Whether a deal is a problem turns on how it’s structured and who benefits — not on whether anyone meant any harm.

Individual capacity matters. A deal you do purely as an individual creator is viewed differently from one that benefits your employer — but the line is fact-specific and easy to blur.

When in doubt, get counsel. Before signing any alcohol-brand deal, have a Texas alcohol-law attorney look at the structure.

2 · TTB Federal Advertising Rules

A paid post is an advertisement. Under federal law, a paid post promoting a specific alcohol product is an advertisement — and advertisements carry mandatory requirements.

Mandatory statements. Alcohol ads must include required information such as the responsible advertiser and the product’s class/type, with alcohol content shown where required.

You can often satisfy this via the brand. A compliant tag of, or link to, the brand’s own compliant account or page can frequently carry the required information — follow current TTB guidance.

Let the brand’s compliance team give you the language. A legitimate alcohol brand will tell you exactly what must appear; get it from them in writing.

3 · FTC Disclosure & Audience Rules

Disclose every material connection. Money, free product, a comped tab, event tickets — anything of value means a clear, conspicuous ’#ad’ or ’sponsored.’

Potential FTC exposure. Advertisers and endorsers can each face FTC exposure for deceptive endorsements or inadequate disclosures, depending on their conduct and knowledge.

Audience composition. Leading U.S. beverage-alcohol industry codes currently use an audience benchmark of about 73.8% legal-drinking-age adults. This is a voluntary industry placement standard, not a universal statute; recheck it before every campaign and never target or appeal to minors.

No fake or undisclosed reviews. The FTC’s Consumer Review Rule allows civil penalties for knowing violations; the statutory maximum changes with inflation, and courts determine the number of violations and the amount.

Responsible-Content Rules (Always — Paid or Not)

☐ No content that shows, encourages, or glamorizes over-service or intoxication.

☐ No content that depicts or makes light of drinking and driving.

☐ Stay mindful of dram-shop optics — content showing over-service is a genuine liability, not just bad taste.

☐ Never depict minors with alcohol, or content that appeals to those under 21.

☐ Model responsible service and responsible drinking — you’re a bartender first.

Red Flags — Call the Attorney First

Any paid partnership with a spirit, beer, wine, or seltzer brand.

Free product, gifting, or ’ambassador’ arrangements from a supplier or distributor.

Anything that could route value, promotion, or benefit to your bar.

Multi-state deals (each state’s alcohol law differs).

Anything at all you’re not fully certain about.