tions made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provisions of this subpart or are in any respect untrue. (g) Flags, seals, coats of arms, crests, and other insignia. An advertisement shall not contain any statement, design, device, or pictorial representation which the Director finds relates to, or is capable of being construed as relating to the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. AUTHORITY: 49 Stat. 981, as amended; 27 U.S.C. 205, unless otherwise noted. SOURCE: T.D. 6521, 25 FR 13857, Dec. 29, 1960, unless otherwise noted. Subpart A-Scope of Regulations § 6.1 Inducements furnished to retailers. The regulations in this part, issued pursuant to section 5 of the Federal Alcohol Administration Act 27 (U.S.C. 205), contain the substantive requirements relative to the furnishing of inducements to retailers of distilled spirits, wine and malt beverages. No procedural requirements are prescribed. § 6.2 Territorial extent. This part applies to the several States of the United States, the District of Columbia, and Puerto Rico. Subpart B-Definitions § 6.10 Meaning of terms. member. As used in this part, unless the context otherwise requires, terms shall have the meanings ascribed in this subpart. Industry "Industry member" shall mean any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, but shall not include an agency of a State or political subdivision thereof, or an officer or employee of such agency. Other terms. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the meaning assigned to it by such act. Product. "Product" shall mean distilled spirits, wine or malt beverages, as defined in the Federal Alcohol Administration Act. Retailer. "Retailer" shall mean any person engaged in the sale of distilled spirits, wine or malt beverages to con sumers. Retail establishment. "Retail establishment" shall mean any premises where distilled spirits, wine or malt beverages are sold or offered for sale § 5.65 Prohibited statements. (a) Restrictions. An advertisement of distilled spirits shall not contain: (1) Any statement that is false or untrue in any particular or that, irrespective of falsity, directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression. (2) Any statement that is disparaging of a competitor's product. (3) Any statement, design, device, or representation which is obscene or indecent. (4) Any statement, design, device, or representation of or relating to analyses, standards or tests, irrespective of falsity, which the Director finds to be likely to mislead the consumer. (5) Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which the Director finds to be likely to mislead the consumer. Enforceable money-back guarantees are not prohibited. (6) Any statement that the distilled spirits are distilled, blended, made, bottled, or sold under or in accordance with any municipal, State, Federal, or foreign authorization, law, or regulation, unless such statement appears in the manner authorized by § 5.42 for labels of distilled spirits. If a municipal, State or Federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto. (7) The words "bond", "bonded", "bottled in bond", "aged in bond", or phrases containing these or synonymous terms, unless such words or phrases appear, pursuant to § 5.42, on labels of the distilled spirits advertised, and are stated in the advertisement in the manner and form in which they are permitted to appear on the label. (8) The word "pure" unless as part of the bona fide name of a permittee or retailer for whom the distilled spirits are bottled. (9) The words "double distilled", "triple distilled", or any similar words. (b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of distilled spirits which is prohibited from appearing on the label or which is inconsistent with any statement on the label thereof. (c) Statement of age. The advertisement shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product. When any such statement, design, or device concerning age or maturity is contained in any advertisement, it shall include (in direct conjunction therewith and with substantially equal conspicuousness) all parts of the statement, if any, concerning age and percentages required to be made on the label under the provisions of §§ 5.315.42. An advertisement for any whisky or brandy (except immature brandies) which is not required to bear a statement of age on the label or an advertisement for any rum or Tequila, which has been aged for not less than 4 years may, however, contain inconspicuous, general representation as to age, maturity or other similar representations even though a specific age statement does not appear on the label of the advertised product and in the advertisement itself. (d) Curative and therapeutic effects. The advertisement shall not contain any statement, design, or device representing that the use of any distilled spirits has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression. (e) Place of origin. The advertisement shall not represent that the distilled spirits were manufactured in or imported from a place or country other than that of their actual origin, or were produced or processed by one who was not in fact the actual producer or processor. (f) Confusion of brands. Two or more different brands or lots of distilled spirits shall not be a dvertised in one advertisement (or in two or more advertisements in one issue of a periodical or newspaper, or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the impression that representa tions made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provisions of this subpart or are in any respect untrue. (g) Flags, seals, coats of arms, crests, and other insignia. An advertisement shall not contain any statement, design, device, or pictorial representation which the Director finds relates to, or is capable of being construed as relating to the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. AUTHORITY: 49 Stat. 981, as amended; 27 U.S.C. 205, unless otherwise noted. SOURCE: T.D. 6521, 25 FR 13857, Dec. 29, 1960, unless otherwise noted. Subpart A-Scope of Regulations § 6.1 Inducements furnished to retailers. The regulations in this part, issued pursuant to section 5 of the Federal Alcohol Administration Act 27 (U.S.C. 205), contain the substantive requirements relative to the furnishing of inducements to retailers of distilled spirits, wine and malt beverages. No procedural requirements are prescribed. § 6.2 Territorial extent. This part applies to the several States of the United States, the District of Columbia, and Puerto Rico. Subpart B-Definitions § 6.10 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meanings ascribed in this subpart. "Industry Industry member. member" shall mean any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, but shall not include an agency of a State or political subdivision thereof, or an officer or employee of such agency. Other terms. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the meaning assigned to it by such act. Product. "Product" shall mean distilled spirits, wine or malt beverages, as defined in the Federal Alcohol Administration Act. Retailer. "Retailer" shall mean any person engaged in the sale of distilled spirits, wine or malt beverages to con sumers. Retail establishment. "Retail establishment" shall mean any premises where distilled spirits, wine or malt beverages are sold or offered for sale to consumers, whether for consumption on or off the premises where sold. (26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. 959), and Sec. 38, Arms Export Control Act (22 U.S.C. 2778, 90 Stat. 744)) [T.D. ATF-48, 43 FR 13533, Mar. 31, 1978] Subpart C-Unlawful Inducements and Exceptions UNLAWFUL INDUCEMENTS § 6.20 Application. Except as provided in this part, it is unlawful for any industry member to induce, by furnishing, giving, renting, lending, or selling any equipment, fixtures, signs, supplies, money, services, or other thing of value, directly or indirectly or through an affiliate, any retailer to purchase any products from such industry member to the exclusion in whole or in part of such products sold or offered for sale by other industry members in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such industry member engages in the practice of using such means to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other industry members from selling or offering for sale any such products to such retailer in interstate or foreign commerce: Provided, That in the case of malt beverages, this part shall apply to transactions between a retailer in any State and a brewer, importer, or wholesaler of malt beverages outside such State only to the extent that the law of such State imposes requirements similar to the requirements of section 5(b) of the Federal Alcohol Administration Act (27 U.S.C. 205(b)), with respect to similar transactions between a retailer in such State and a brewer, importer, or wholesaler of malt beverages in such State, as the case may be: Provided further, That this part shall not operate to exempt any person from the requirements of any State law or regulation. § 6.21 General. EXCEPTIONS An industry member may furnish to a retailer, under the conditions and within the limitations prescribed, the equipment, signs, supplies, or other things of value specified in §§ 6.226.31: Provided, That, except for such alcoholic beverages as may reasonably be required to complete a window or other interior display furnished pursuant to § 6.23, § 6.23a, or § 6.23b, such furnishing is not conditioned directly or indirectly on the purchase of distilled spirits, wine, or malt beverages. [T.D. ATF-14, 40 FR 10456, Mar. 6, 1975] § 6.22 Equipment. Tapping accessories, such as rods, vents, taps, hoses, washers, couplings, vent tongues, and check valves may be sold to a retailer and installed in his establishment if such tapping accessories are sold at a price not less than the cost thereof to the industry member selling the same, and if the price thereof is collected within 30 days of the date of sale. § 6.23 Inside signs: Malt beverages. Signs, posters, placards, designs, devices, decorations or graphic displays, bearing advertising matter and for use in the windows or elsewhere in the interior of a retail establishment, may be given, rented, loaned, or sold to a retailer by an industry member engaged in business or as a brewer, importer or wholesaler, of malt beverages, if they have no value to the retailer except as advertisements and if the total value of all such materials furnished by any industry member and in use at any one time in any retail establishment does not exceed $10, including all expenses incurred directly or indirectly by any industry member in connection with the purchase, manufacture, transportation, assembly, and installation of such materials and of accessories thereto: Provided, That the industry member shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation. [T.D. 6521, 25 FR 13857, Dec. 29, 1960, as amended by T.D. 7013, 34 FR 7962, May 21, 1969] § 3.23a Inside signs: Distilled spirits. Signs, posters, placards, designs, devices, decorations or graphic displays, bearing advertising matter and for use in the windows or elsewhere in the interior of a retail establishment, may be given, rented, loaned, or sold to a retailer by an industry member engaged in business as a distiller, rectifier, blender, producer, importer, wholesaler, bottler, or warehouseman and bottler, of distilled spirits, (a) if they have no value to the retailer except as advertisements, (b) if the total value of all such materials furnished by any industry member and in use in any one retail establishment at any one time does not exceed $25 in the case of materials used in window displays, or does not exceed $50 in the case of materials used elsewhere than in the windows, and (c) if the cost of installation of such materials does not exceed that which is usual and customary in that locality: Provided, That the industry member shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation. [T.D. ATF-15, 40 FR 11720, Mar. 13, 1975] § 6.23b Inside signs: Wine. Signs, posters, placards, designs, devices, decorations, or graphic displays, bearing advertising matter and for use in the windows or elsewhere in the interior of a retail establishment, may be given, rented, loaned, or sold to a retailer by an industry member engaged in business as a rectifier, blender, producer, bottler, importer, or wholesaler, of wine, if they have no value to the retailer except as advertisements and if the total value of all such materials furnished by any industry member and in use at any one time in any retail establishment does not exceed $75, exclusive of all expenses incurred directly or indirectly by any industry member in connection with the transportation and installation of such materials if such costs do not exceed those which are usual and customary in the particular locality: Pro vided, That the industry member shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation. [T.D. ATF-14, 40 FR 10456, Mar. 6, 1975] § 6.24 Supplies. Carbonic acid gas or ice may be sold to a retailer, if sold in accordance with the reasonable open market price thereof in the locality where sold, and if the price thereof is collected within 30 days of the date of sale. § 6.25 Coil cleaning service. Coil cleaning service may be furnished, given, or sold to a retailer of malt beverages. § 6.26 Advertising service. The names and addresses of retailers selling the products of any industry member may be listed in an advertisement of such industry member, if such listing is the only reference to any retailer in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole. § 6.27 Consumer advertising specialties. Consumer advertising specialties, such as ash trays, bottle or can openers, corkscrews, paper shopping bags, matches, printed recipes, wine lists, leaflets, blotters, post cards, and pencils, which bear advertising matter, may be furnished, given, or sold to a retailer for unconditional distribution by him to the general public, if the retailer is not paid or credited in any manner directly or indirectly for such distribution service. § 6.28 Retailer advertising specialties. (a) Specialty advertising items. Retailer advertising specialty items are items such as trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks, and calendars, which bear advertising matter and which are primarily valuable to the retailer as point of sale advertising media. (b) Advertising limit—distilled spirits or wine. Retailer advertising spe |