436.1610 Advertising; use of unpaid social media; supplier's assistance; requirements; definitions.

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Sec. 610.

(1)Notwithstanding section 609, a wholesaler, manufacturer, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, vendor of spirits, broker, or retailer may use unpaid social media to advertise any of the following in accordance with all applicable laws and regulations:

(a)An on-premises brand promotion.

(b)Beer, wine, or spirits tastings under section 537.

(c)A product location communication.

(2)Notwithstanding section 609, and subject to subsection (3), a supplier may take any of the following actions to assist a consumer seeking to have an alcoholic beverage sold by the supplier delivered or shipped to the consumer's home or designated location by a retailer as allowed under section 203:

(a)Advertise the name and location of all retailers that deliver or ship to a consumer the alcoholic beverages sold by the supplier.

(b)Provide a link to the website of each retailer that delivers or ships to a consumer the alcoholic beverages sold by the supplier.

(c)Transmit the consumer's order and payment information to the retailer that the consumer chooses to fulfill the customer's purchase and perform the delivery or shipment.

(3)A supplier shall not take any action described in subsection

(2)unless both of the following conditions are met:

(a)The supplier and retailer do not provide or receive any other valuable thing in consideration for any action described in subsection

(2)taken by the supplier. As used in this subdivision, "other valuable thing" means that term as defined in section 609.

(b)The supplier provides the consumer a list of retailers, from which the consumer selects, that will sell, deliver, or ship the alcoholic beverage to the consumer. The supplier may satisfy the condition under this subdivision by providing the consumer with a list of retailers located in the zip code or nearest zip codes to the consumer's location.

(4)As used in this section:

(a)"Broker" means that term as defined in section 609.

(b)"Consumer" means that term as defined in section 203.

(c)"On-premises brand promotion" means a promotion in the manner provided by the order of the commission issued on October 27, 1999. That order's prohibition against advertising an on-premises promotion by a party off the licensed premises does not apply to this section.

(d)"Product location communication" means a listing or program that allows an individual to determine the availability of a specific product at licensed retailers in a certain geographic area.

(e)"Social media" means a service, platform, or website where users communicate with one another and share media, such as pictures, videos, music, and blogs, with other users free of charge. Social media includes the website of a wholesaler, manufacturer, outstate seller of beer, outstate seller of wine, vendor of spirits, broker, or retailer.

(f)"Supplier" means that term as defined in section 603.

History: Add. 2016, Act 106 , Eff. Aug. 1, 2016 ;-- Am. 2021, Act 19 , Eff. Aug. 23, 2021