[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR6.84]

[Page 86]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 6_``TIED-HOUSE''--Table of Contents
 
                          Subpart D_Exceptions
 
Sec.  6.84  Point of sale advertising materials and consumer advertising specialties.

    (a) General. The act by an industry member of giving or selling 
point of sale advertising materials and consumer advertising specialties 
to a retailer does not constitute a means to induce within the meaning 
of section 105(b)(3) of the Act provided that the conditions prescribed 
in paragraph (c) of this section are met.
    (b) Definitions--(1) Point of sale advertising materials are items 
designed to be used within a retail establishment to attract consumer 
attention to the products of the industry member. Such materials 
include, but are not limited to: posters, placards, designs, inside 
signs (electric, mechanical or otherwise), window decorations, trays, 
coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, 
back bar mats, thermometers, clocks, calendars, and alcoholic beverage 
lists or menus.
    (2) Consumer advertising specialties are items that are designed to 
be carried away by the consumer, such as trading stamps, nonalcoholic 
mixers, pouring racks, ash trays, bottle or can openers, cork screws, 
shopping bags, matches, printed recipes, pamphlets, cards, leaflets, 
blotters, post cards, pencils, shirts, caps, and visors.
    (c) Conditions and limitations. (1) All point of sale advertising 
materials and consumer advertising specialties must bear conspicuous and 
substantial advertising matter about the product or the industry member 
which is permanently inscribed or securely affixed. The name and address 
of the retailer may appear on the point of sale advertising materials.
    (2) The industry member may not directly or indirectly pay or credit 
the retailer for using or distributing these materials or for any 
expense incidental to their use.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]

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