Earlier this month, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued Industry Circular 2024-1, which updates TTB’s alcohol advertising regulations to address the use of linked content on social media platforms. The circular modifies and supersedes TTB Industry Circular 2022-2. 

At the federal level, alcohol advertising is governed by the Federal Alcohol Administration Act (“FAA Act”). The TTB periodically updates its FAA compliance guidelines as technology and social media evolve. The FAA Act requires that all alcohol advertisements, including those posted to social media, provide consumers with adequate product information, identify the person responsible for the advertisement, and contain certain mandatory disclosures. On a website, these disclosures must appear in a readily apparent location. However, some forms of media, like social networks and media sharing sites, limit the space available for mandatory information. 

Industry Circular 2024-1 now allows alcohol advertisers on social media to meet the mandatory disclosure requirements by linking directly to a separate page that contains the mandatory information. The link must be clearly labeled (e.g., “Product Information”), lead directly to the required details, and be easily accessible to consumers. If space for link-sharing is limited, a reference page, such as Linktree, can be used to prominently display the link to the required information. This approach makes compliance easier for advertisers and minimizes the burden to fit lengthy product details within a small ad space. 

Additionally, Industry Circular 2024-1 permits hired influencers to utilize tagging functions to link directly to the industry member’s account on the particular platform and thereby satisfy the mandatory information requirements. As long as the industry member’s tagged account includes the required disclosures, the influencer advertising the product is no longer required to include the same information within their own post.

For more information on alcohol advertising, contact an attorney at Strike Kerr & Johns.