Texas Codes

Tex. Alco. Bev. Code § 108.09 (2026)

Advertising Where Product May Be Purchased

✓ current as of May 2026

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Sec. 108.09. ADVERTISING WHERE PRODUCT MAY BE PURCHASED. (a) Notwithstanding any other provision of this code, a member of the manufacturing or wholesale tier may include information in its advertising that informs the public of where its products may be purchased.

(b) A member of the manufacturing tier may not give compensation to or receive compensation from a licensed or permitted member of the wholesale or retail tier for advertising described by Subsection (a). A member of the wholesale tier may not give compensation to or receive compensation from a licensed or permitted member of the manufacturing or retail tier for advertising described by Subsection (a).

Added by Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 6, eff. June 17, 2005.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 21, eff. September 1, 2013.

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). “Wineries, by contrast, are exempt from this restriction, see Tex. Alco. Bev.Code Ann. § 108.09(a) (“Notwithstanding Section 102.”

— Tex. Alco. Bev. Code § 108.09(a) — 1 case

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