Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING.
(a) A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not 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.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 336, eff. September 1, 2021.
Structure Texas Statutes
Title 4 - Regulatory and Penal Provisions
Subchapter A. General Provisions Relating to Advertising
Section 108.01. Deceptive, Disparaging, or Otherwise Unlawful Advertising
Section 108.02. Prohibited Forms of Advertising
Section 108.03. Regulation of Promotional Activities
Section 108.035. Packaging of Certain Promotional Items Authorized
Section 108.04. Acts of Promotional or Courtesy Nature: Administrative Discretion
Section 108.041. Carbon Dioxide Filters Provided to Retailers
Section 108.042. Acts of Promotional or Courtesy Nature: Wine Dispensing
Section 108.05. Allowance for Advertisement or Distribution
Section 108.06. Prizes and Premiums
Section 108.061. Sweepstakes Promotions Authorized
Section 108.07. Advertising of Mixed Beverage Establishments
Section 108.08. Advertising in Certain Economic Development Facilities