Tex. Codes » Alcoholic Beverage Code · TITLE 4. REGULATORY AND PENAL PROVISIONS · CHAPTER 108. ADVERTISING
Texas Codes

Tex. Alco. Bev. Code § 108.01 (2026)

Deceptive, Disparaging, Or Otherwise Unlawful Advertising

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: Authentic Beverages Co. v. Texas Alcoholic Beverage Comm'n, 835 F. Supp. 2d 227 (W.D. Tex. 2011).
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Authentic Beverages Co. v. Texas Alcoholic Beverage Comm'n, 835 F. Supp. 2d 227 (W.D. Tex. 2011). “” Tex. Alco. Bev.Code Ann. § 108.01(a). A related TABC rule further prohibits advertisements containing statements of alcohol content by comparison with other products, as well as use of the words “strong,” “full strength,” “high proof,” or “any other reference to alcoholic…”
— Tex. Alco. Bev. Code § 108.01(a) — 1 case
Authentic Beverages Co. v. Texas Alcoholic Beverage Comm'n, 835 F. Supp. 2d 227 (W.D. Tex. 2011). “” Tex. Alco. Bev.Code Ann. § 108.01(a). A related TABC rule further prohibits advertisements containing statements of alcohol content by comparison with other products, as well as use of the words “strong,” “full strength,” “high proof,” or “any other reference to alcoholic…”
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