Deceptive, Disparaging, Or Otherwise Unlawful Advertising

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.