Key Advertising Restrictions for Liquor Licensees in New Hampshire

One thing many new business owners in the alcoholic beverage space do not expect is the existence of advertising restrictions prohibiting certain marketing practices. These range from the minor to the obtrusive, but can be traps for the unwary. New Hampshire's statute 179:31 outlines several key advertising restrictions that business owners with alcohol licenses should be aware of. Please note that this does not include all New Hampshire restrictions and is no substitute for obtaining compliance advice from an experienced advisor.

First, the statute prohibits the use of billboards, sound trucks, or outdoor internally illuminated screen displays for advertising or promoting liquor or beverages. This restriction aims to control the visibility and impact of alcohol advertising in public spaces.

Secondly, certain licensees may distribute samples of their products for tasting purposes, but with clear restrictions. These samples are regulated in their purchase and distribution and are subject to limits on the quantity that can be distributed per licensee per calendar year.

Third, the statute prohibits the listing of retail prices on behalf of retail licensees in newspaper, magazine, periodical, radio, or television advertising by wholesale distributor license holders. This restriction aims to maintain fair competition among retailers and to reduce the overall visibility of alcoholic beverages to minors.

Moreover, all liquor and beverage advertising must conform to Federal Alcoholic Administration Act standards and must not be inconsistent with the description of the contents on labels. Advertising must also not contain any subject matter or illustrations that could reasonably induce minors to drink or make any false or misleading statements.

Licensees must ensure that their advertising practices comply with these restrictions to avoid penalties and maintain a responsible image. This overview does not capture the many granular details contained in federal and state statutes and regulations regarding advertising restrictions. Before embarking on any marketing effort related to alcoholic beverages, the best practice is to always get a compliance review in advance.