Beer Commercials: Actors Drinking Or Just Holding Props?

Beer commercials are a common feature of television advertising, particularly in the United States, where beer companies spent around $421 million on TV ads in the first quarter of 2016 alone. Despite this, there is a notable absence in these commercials: you rarely see anyone drinking the beer. Although there is no federal law or government rule prohibiting the depiction of alcohol consumption in advertisements, there is an unofficial ban based on previous agreements, codes of conduct, and network guidelines. This means that, in practice, advertisers must adhere to these rules if they want their commercial to air.

Beer commercials and self-regulation

Beer commercials and their self-regulation have been a topic of discussion and scrutiny in recent years. While there are no government laws prohibiting the depiction of alcohol consumption in commercials, the industry has an unofficial agreement to refrain from showing people drinking. This is not legally binding but is followed by advertisers and TV channels to ensure their commercials air.

The self-regulation of alcohol marketing is primarily focused on discouraging underage drinking. The majority of regulations centre on the placement and content of advertisements to avoid targeting minors. Alcoholic beverage companies and the advertising industry have adopted voluntary standards, with most alcohol advertisers agreeing not to appeal to audiences under 21 years old. They also try to ensure that at least 70% of the audience for their ads is of legal drinking age.

The Beer Institute (BI), one of the three major alcohol supplier trade associations in the US, has developed self-regulation guidelines to prevent total bans on alcohol marketing through statutory regulation. However, these guidelines have been criticised for their ambiguity and ineffectiveness. Studies have found that ads with content violations were broadcast more frequently than those without, and certain producers had higher rates of code violations.

The alcohol industry's self-regulatory framework has been deemed ineffective at preventing content violations. To improve this, new rating procedures have been proposed to better detect code violations. These procedures would be standardised and used by public health researchers and government officials to evaluate alcohol advertisements against industry self-regulation codes.

While self-regulation in the alcohol industry aims to prevent statutory regulation and address public health concerns, critics argue that it falls short in protecting vulnerable groups, particularly young people. The effectiveness of self-regulation is questionable, and the high prevalence of ad violations suggests that stronger measures may be needed to reduce alcohol-related harm.

Beer advertising and the law

In the United States, the marketing and advertising of alcoholic beverages and products are regulated under the Federal Alcohol Administration Act (FAA) by the Tobacco Tax and Trade Bureau (TTB), which is hosted by the Department of the Treasury. While the First Amendment allows for freedom of speech, and therefore limits federal government intervention in advertising, there are still some legal requirements and prohibited practices for beer advertising.

Legal Requirements

Beer advertisements must be truthful and without deception, and they must provide enough information about the identity of the product for the consumer’s benefit and to enable them to make an educated decision about the product. The TTB provides a free, voluntary pre-screening service for advertisers to use before broadcasting or printing their advertisement.

Advertisements for beer must include the following:

• The class the product belongs to (e.g. ale, stout, lager, etc.)
• The name and address, including city and state, of the advertiser
• The type, class, and/or distinctive designation that the product belongs to (e.g. red wine, sparkling wine, white wine, champagne, etc.)

Prohibited Practices

The following are prohibited in beer advertisements:

• Statements that are misleading, false, or untrue
• Saying something negative or disparaging about a competitor
• Indecent or obscene representations, designs, or statements
• Misrepresenting analyses, standards, or tests
• Guarantees that are misleading, excluding money-back guarantees
• Statements falsely heralding the health benefits of alcohol
• Claims that alcohol is made, sold, or marketed under federal or state regulation
• The word "bonded" or any insinuation that alcohol is made under government supervision
• Claims that wine or malt beverages contain distilled spirits
• Statements about distilled spirits being “double” or “triple” distilled unless they are
• The word "pure" when advertising distilled spirits, unless referring to a specific ingredient
• Statements that are not consistent with approved labeling

Self-Regulation

Many of the regulations and rules surrounding the advertisement of alcoholic beverages are self-imposed and voluntary on the federal level. Beer companies and the advertising industry generally agree to self-regulatory standards designed to discourage underage drinking based on ad placement or content. Most alcohol advertisers agree not to appeal to an audience under the age of 21 and that no more than 28.4% of the audience of an ad be underage.

Television Networks

Although there is no federal law prohibiting the broadcast advertising of alcoholic beverages, television networks have their own long-standing rules about what they will allow. Beer commercials on TV will not show people drinking beer. This is not a legal requirement, but a network regulation.

Beer advertising and social media influencers

Beer advertising has evolved with the advent of social media, and Instagram, in particular, has become an indispensable marketing tool for the craft beer industry. Beer brands have been leveraging the influence of social media personalities to reach wider audiences and build a community of engaged followers. This strategy has proven to be effective in promoting their products and fostering a sense of community among beer enthusiasts.

While traditional beer commercials on television are subject to certain regulations and codes of conduct that prohibit the depiction of alcohol consumption, social media platforms offer more flexibility in this regard. Social media influencers have the freedom to showcase their unique drinking experiences and creative content, attracting a dedicated audience of craft beer aficionados.

Instagram, for instance, has enabled the emergence of a subculture of beer enthusiasts who document their brewery visits, craft beer reviews, and beer-themed travels. These influencers often have tens of thousands of followers and have established themselves as authorities in the world of craft beer. Their posts typically include stunning visuals, creative photoshopped images, and unique points of view, all while showcasing the latest releases from breweries and sharing their personal experiences.

Some notable beer influencers on Instagram include @craftbeerdeer, with 36K followers, who captures the quieter side of craft beer culture; @southernbeergirl, a head brewer at Jagged Mountain with 34.6K followers, who advocates for diversity in beer; and @isbeeracarb, with 38.8K followers, who uses their platform to raise awareness for diversity, equity, and inclusion in the craft beer community.

These beer influencers not only promote specific beer brands and breweries but also use their platforms to drive positive change in the industry. For example, @blackbeerchick, Eugenia Brown, launched the Road to 100 campaign to help women of color become certified Cicerones, while @beerthuglife, Edgar Preciado, challenged the stereotype of craft beer drinkers by showcasing the diversity of the craft beer community.

By leveraging the influence of these social media personalities, beer brands can effectively reach and engage with their target audiences, fostering a sense of community and authenticity that resonates with beer enthusiasts worldwide.

Beer advertising and the Federal Alcohol Administration Act

While the U.S. government has not specifically prohibited beer commercials from showing people drinking beer, there is an unofficial agreement among advertisers and TV networks/channels that beer commercials should not show people drinking beer if they want their commercial to air. This self-regulation now has the force of effectiveness, even without the force of law.

The Federal Alcohol Administration Act (FAA) regulates the marketing and advertising of alcoholic beverages and products in America. The Tobacco Tax and Trade Bureau (TTB), hosted by the Department of the Treasury, enforces these regulations. The FAA requires that advertisements of alcoholic products must be truthful and without deception. They must also provide enough information about the identity of the product for the consumer’s benefit and for them to be able to make an educated decision about what the product is or what it contains.

While the TTB does not have to approve ads before they are run or placed, they do provide a free voluntary pre-screening service that industry members may use. The TTB reviews complaints from government agencies, the general public, or other industry members to ensure that the advertisement falls within all set rules and regulations. Market compliance specialists within the TTB also review advertisements independently to ensure they are compliant.

There are specific requirements for each type of alcoholic product (beer and malt beverages, wine, and distilled spirits) that must be included in advertisements. Beer and malt beverages, for example, must include the class the product belongs to (e.g., ale, stout, lager, etc.), the name and address of the advertiser, and the alcohol content listed as a percentage by volume.

There are also certain things that are prohibited from being included in alcoholic beverage advertisements. For example, statements that are misleading, false, or untrue, indecent or obscene representations, designs, or statements, guarantees that are misleading, excluding money-back guarantees, and statements falsely heralding the health benefits of alcohol are all prohibited.

In addition to the FAA, the First Amendment also limits how much the federal government can regulate advertising, even in regard to alcohol. The First Amendment allows for a lot of freedom of speech in general.

While there is no federal law prohibiting the broadcast advertising of alcoholic beverages, individual states may have their own regulations regarding alcohol advertising and marketing. For example, some states have regulations stating that print advertisements for alcohol must be at least 500 feet away from schools, public playgrounds, churches, or other places where there is a lot of underage traffic.

The self-regulation of alcohol marketing is also important to consider. Many of the regulations and rules surrounding the advertisement of alcoholic beverages are self-imposed and voluntary on the federal level. Alcoholic beverage companies and the advertising industry generally agree to self-regulatory standards designed to discourage underage drinking based on ad placement or content.

Beer advertising and the Tobacco Tax and Trade Bureau

The TTB, as an official US government agency, provides resources and guidance for the beer industry, including information on permits, applications, bonds, taxes, and compliance with relevant laws and regulations. The TTB's website offers a range of information for beer producers, such as guidance on alcohol fact labelling, generic terms, allowable COLA changes, and requirements for importing and exporting alcoholic beverages. It also provides resources related to alcohol beverages with added caffeine, noting that some companies have been warned about the unsafe nature of adding caffeine to alcohol malt beverages.

Additionally, the TTB offers support during natural disasters, such as Hurricane Helene, by providing relief options and assistance to industry members and taxpayers affected by these events. The Bureau also proposes and establishes new rules and regulations, such as the creation of the San Luis Rey American viticultural area in California.

While the TTB plays a crucial role in regulating and supporting the beer industry, the decision to not show beer consumption in commercials lies primarily with the television networks and has been a longstanding practice. This self-regulation by the networks has influenced the approach taken by advertisers and brewers, who prefer to stay conservative to ensure their commercials air without issue.

It is worth noting that regulations and practices can vary across different countries. For example, in Australia, while there are rules against depicting alcohol as contributing to success, people are shown drinking and expressing enjoyment.

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