Wine advertising rules in the US and EU: what wineries need to know

Wine advertising is legal in the US and across the EU, but it follows two layers of rules: the law of the country where you advertise, and the policies of the platforms that run the ad. In the US, the core federal rules come from the TTB. In the EU, there's a shared minimum for audiovisual ads, and each country adds its own law, from Portugal's advertising code to France's much stricter Loi Evin.

This is a practical overview, not legal advice. Before a big campaign in a new market, check with a lawyer who knows that market.

Platform rules vs. the law

Meta and Google only decide whether they'll run your ad. Passing their review says nothing about whether the ad is legal where it runs. I cover the platform side in Meta's alcohol ad policy for wineries. This article is about the law underneath.

United States: TTB rules

Federal wine advertising rules sit in 27 CFR Part 4, under the Federal Alcohol Administration Act. They apply to producers, blenders, importers and wholesalers whose ads aim to sell wine across state lines or abroad. Retailers and media outlets are generally outside them unless they're also in the wine business.

What every wine ad must include (27 CFR 4.62)

• The responsible advertiser: name, city and state, or a name plus other contact details like a website, phone or email.
• The class or type of wine, matching what's required on the label.

Ads for a whole product line only need the advertiser's name and address.

What wine ads can't do (27 CFR 4.64)

The list is long. The rules that matter most in day-to-day marketing:

• Nothing false or misleading, including misleading claims about tests, analyses or guarantees.
• No disparaging competitors' products.
• Nothing obscene or indecent.
• No statements about alcohol content or intoxicating effects, and nothing that suggests the wine contains distilled spirits.
• No statements inconsistent with the label.
• No suggestion of government endorsement, including the American flag or armed forces imagery used that way.
• Strict limits on health claims. Specific health claims need substantiation and disclaimers. A pointer to health information needs the disclaimer: "This statement should not encourage you to drink or increase your alcohol consumption for health reasons."
• No subliminal techniques.

Social media counts as advertising

TTB Industry Circular 2022-2 confirms that what wineries post on social media is advertising. Reposts, and content you "like" so it appears in your followers' feeds, can fall under the prohibited practices too. A profile and its tabs count as one advertisement, so the mandatory information can appear once on the page or behind a clearly named link. Posts by influencers you pay must comply as well.

Industry codes: the Wine Institute

The Wine Institute's Code of Advertising Standards is voluntary, but it's the reference point for responsible wine marketing in the US. Key points:

• Models shown as wine drinkers must look over the legal drinking age and be at least 25.
• Ads should not run in media where more than 26.2% of the audience is underage.
• No wine use with driving cars, motorcycles, boats or planes, or with feats of daring or high-skill activities.
• No curative or therapeutic claims, except as permitted by law.
• No music, characters or images that appeal mainly to children.

State laws

States add their own rules, especially on pricing, promotions, giveaways and shipping. If you advertise shipping to consumers, check the rules for each state you ship to.

European Union: the shared minimum

The Audiovisual Media Services Directive (2010/13/EU) sets minimum rules for alcohol ads on TV and on-demand video. Under Article 22, they must not:

• be aimed specifically at minors or show minors drinking;
• link drinking to better physical performance or to driving;
• suggest drinking brings social or sexual success;
• claim therapeutic, stimulant or sedative effects, or that alcohol solves personal problems;
• encourage excessive drinking or present abstinence negatively;
• present high alcohol content as a positive quality.

Each country turns this into its own law, often going further and applying it to every medium.

Portugal: Código da Publicidade, Article 17

Portugal's advertising code applies to alcohol ads in every medium, online included. Alcohol ads must not:

• target minors or show them drinking;
• encourage excessive consumption or belittle people who don't drink;
• suggest that drinking leads to social success;
• claim therapeutic properties;
• link drinking to physical exercise or driving;
• present alcohol content as a positive quality.

On TV and radio, alcohol advertising is banned between 7:00 and 22:30.

France: the Loi Evin

France is the strictest major wine market in Europe. Under the Loi Evin, wine ads can only carry objective information: alcohol content, origin, appellation, composition, production method, producer and distributor details, awards, how and where to buy, and objective descriptions of colour, aroma and taste.

• No lifestyle imagery that links wine to pleasure, glamour, success, sport or sex.
• A health warning on every ad: "L'abus d'alcool est dangereux pour la santé."
• Online advertising is allowed since 2009, except on sports sites and sites aimed at young people, and it must not be intrusive.

If a campaign targets France, build separate creative for it.

How the rules compare

A practical checklist before you launch

1. Where will the ad run, and where do you ship? List every country and US state.
2. Does the ad include the mandatory information for each market?
3. Does the creative avoid minors, driving, sport, health claims and alcohol strength as a selling point?
4. Is there a France version with objective content and the health warning?
5. Is the age targeting on Meta and Google set per country?
6. Do paid influencers follow the same rules?

If you want your wine ads checked against both the law and the platforms before you spend, I start every engagement with a free audit.