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New Brunswick Beverage Alcohol

**The information contained in the Out-of-Home Advertising Guidelines (the “Guidelines”) is being provided for general information purposes only. The information in the Guidelines does not constitute legal or other professional advice or an opinion of any kind. Readers are advised to seek specific legal advice by contacting their own legal counsel regarding any of the information contained herein including, but not limited to, legislative interpretation or specific legal issues. OMAC does not warrant or guarantee the quality, accuracy or completeness of any information provided. Moreover, the information in the Guidelines that refers to third party information, including but not limited to government legislation, should not be relied upon as accurate, timely or fit for any particular purpose. Stated simply, readers should consult their legal counsel before undertaking or accepting any advertising to ensure legal obligations and interpretations are accurate.

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Governed by the New Brunswick Liquor Control Act

  • All liquor licensed establishments must comply with the advertising requirements under New Brunswick Regulation 90-10 and Sections 142(1) and 142(2) of the Liquor Control Act.
  • A licensee shall not:
    • Exhibit, publish or display an advertisement that states or implies that liquor is to be provided free of charge,
    • Encourage or promote the consumption of liquor by minors,
    • Depict family scenes that in any way involve use of liquor, including any group of adults accompanied by children
    • Refer in any way to persons who may be minors,
    • Portray drinking or party scenes that show immoderate or excess use of liquor,
    • Indicate that liquor may be consumed in any way, manner or place prohibited by any federal or provincial law or municipal by-law,
    • Convey the impression that the consumption of liquor is necessary or helpful in obtaining any social prestige, business success, popularity or escape from personal problems,
    • Make any claim that implies or attributes to any liquor, either alone or as a mixture, any healthful, nutritive, dietary, curative, sedative or stimulative quality or properties,
    • Contain an endorsement of any liquor, personally or by implication, by any person, character or group who is or is likely to be a role model for minors because of achievement, reputation or exposure in the media.
  • Manufacturers of Alcoholic Beverages exhibiting, publishing or displaying an advertisement may refer to;
    • Trademarks
    • Brand names
    • Body labels, or
    • Recipes,
    • Use slogans and copy descriptive of the product or brand of liquor,
    • Advertise in any other media or form,
    • Draw attention to a product or to one or more brands of liquor,
    • Use its corporate name or its products in an advertisement for or about an event or cause that is not a sales campaign (i.e. Relay Event),
    • Advertise in conjunction with the holder of a lounge, dining room or special facility licence, inside and outside licensed premises.
  • May not:
    • Deal with the use and consumption of liquor generally,
    • Advertise liquor in conjunction with a holder of a special occasion permit, a club licence or a in-house brewery licence,
    • Exhibit, publish or display an advertisement that states or implies that liquor is to be free of charge,
  • This does not include promotions by the NB Liquor Corporation.
  • Retailers of Alcoholic Beverages may;
    • Exhibit, publish or display an advertisement advertising such activities as champagne brunches, beer gardens or wine and cheese or similar activities or events,
    • Exhibit or display any advertisement or notice of or concerning liquor by an electric or illuminated sign, contrivance or device or on any boarding, signboard, billboard or other place in public view or may
    • Exhibit or display, any sign or poster containing the words "bar", "bar-room", "saloon", "spirits", or "liquor“ or words of like import,
  • This advertisement may portray glasses, barrels, taps, bottles and product, but shall not portray a specific brand of a distiller, brewer or winery,
  • Advertise in conjunction with a holder of a manufacturers licence, inside and outside licensed premises.
  • May not
    • Exhibit, publish or display an advertisement that states or implies that liquor is to be provided free of charge,
    • Advertise liquor, directly or indirectly, in conjunction with a holder of a special occasion permit.

For detailed information, visit:
http://www.gnb.ca/0276/liquor/pdf/lin0500-e.pdf

Amendments current as of November 2000
Date of OMAC update: September 2009

 
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