Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING. (a) No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) an advertisement of a brewery product that:
(1) causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised;
(2) directly or by ambiguity, omission, or inference tends to create a misleading impression;
(3) is untrue in any particular;
(4) disparages a competitor's product; or
(5) is obscene or indecent.
(b) The media covered by this section include:
(1) radio broadcasting;
(2) newspapers, periodicals, and other publications;
(3) signs and outdoor advertising; and
(4) any printed or graphic matter.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 19, eff. September 1, 2013.
Section: 108.01 108.02 108.03 108.035 108.04 108.041 108.042 108.05 108.06 108.061 108.07 108.08 108.09 108.10 108.51 NextLast modified: September 28, 2016