SECTION 45.112. Use of Brand Names and Insignia

(a) This section is promulgated pursuant to Alcoholic Beverage Code §§102.07 and 108.03.

(b) Advertising of an alcoholic beverage on caps, regalia, or uniforms worn by an employee of a license or permit holder in the manufacturing or distribution tier is limited to:

(1) the name and address of the license or permit holder; and

(2) the brand names, logos, and slogans that appear on the container labels approved by the executive director for such alcoholic beverage.

(c) Advertising of an alcoholic beverage on caps, regalia, or uniforms worn by a participant in any game, sport, athletic contest or revue, when the participant is sponsored by a brewer, distributor, distiller, or winery, is limited to:

(1) the name and address of the brewer, distributor, distiller, or winery; and

(2) the brand names, logos, and slogans that appear on the container labels approved by the executive director for such alcoholic beverage.

(d) Business cards and stationery bearing brand insignia may be used by licensees and permittees except retail licensees and permittees. Such business cards and stationery may contain:

(1) the name and address of the user;

(2) the name and address of the firm represented;

(3) the brand insignia of any alcoholic beverage that the firm represents or the user is licensed to sell; and

(4) any other logo, slogan, or trademark that appears on the approved label for such alcoholic beverage, or which slogan or trademark has otherwise been approved by the executive director.

(e) Advertising of alcoholic beverages on the equipment or service or delivery vehicles of a member of the manufacturing or wholesale tiers is limited to the brand names or logos of the alcoholic beverages sold or represented by the manufacturer, local distributor, or wholesaler; firm names and addresses of the manufacturer, local distributor, or wholesaler; and slogans approved by the executive director.

(f) Menu cards, folders, or sheets advertising malt beverages may be sold to a holder of a retail license or permit by a brewer or brewpub authorized to sell directly to retailers or by a distributor as promotional items in accordance with limitations set forth in §45.113(c) of this subchapter (relating to Gifts, Services and Sales). The holder of the retail license or permit shall bear all costs of listing any food item on the menu cards, folders, or sheets unless the food item is mentioned as part of a recommended food and drink pairing.

(g) Menu cards, folders, or sheets advertising wine or distilled spirits may be furnished, as an advertising specialty, to a holder of a retail license or permit by a member of the manufacturing or wholesale tier. Printing costs of such menu cards, folders, or sheets may not exceed the applicable advertising specialty limitations set forth in §45.117 of this subchapter (relating to Gifts and Advertising Specialties). The holder of the retail license or permit shall bear all costs of listing any food item on the menu cards, folders, or sheets unless the food item is mentioned as part of a recommended food and drink pairing.

Source Note: The provisions of this §45.112 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3096; amended to be effective August 1, 1994, 19 TexReg 5630; amended to be effective August 16, 1999, 24 TexReg 6289; amended to be effective November 18, 2010, 35 TexReg 10047; amended to be effective February 14, 2022, 47 TexReg 647