Warning Signs: Drinking During Pregnancy

In addition to requiring retailers to post warnings about the reproductive toxicity of alcoholic beverages, California law specifies that manufacturers must label their products with a warning about the products’ reproductive toxicity or otherwise provide a warning to the person to whom the products are sold or transferred.

Delaware’s posting provision for persons within the jurisdiction of the Director of the Division of Public Health reads, “The Director of the Division of Public Health shall require any and all persons under its jurisdiction who treat, advise or counsel pregnant women to post and give written and verbal warnings to said pregnant women as to the possible problems, complications and injuries which may result to themselves and/or to the fetus from their consumption or use of alcohol...”

In addition to requiring on-sale retailers to display a pregnancy warning sign, Georgia law specifies that "retail dealers selling beverage alcohol in the unbroken package for consumption off the premises may display the warning sign."

Nevada’s posting provision requires that the warning signs be posted in a location conspicuous to the patrons of the establishment. The conspicuous location may include, without limitation, a women's restroom that is located within the establishment. Establishments are not required to post warning signs if they provide their patrons with a menu containing a notice, in boldface type that is clearly legible and not less than the size of the type used for the items on the menu, in substantially the same form and language as the warning signs otherwise required. Nevada’s posting provision also requires that the warning be in both English and Spanish.

In New Jersey, signs must be placed "prominently in any service area as well as on a wall, towel dispenser or other appropriate location in any public rest room for women patrons on the licensed premises.”

New Mexico's posting provision requires its signs in conspicuous places in both English and Spanish.

North Carolina's posting provision applies only to off-premises ABC stores, and requires that warning signs contain a graphic depiction of the message to assist nonreaders in understanding the message. The provision requires that “the depiction of a pregnant female shall be universal and shall not reflect a specific race or culture.” The provision also requires that warning signs be in both English and Spanish.

Oregon's posting provision requires that warning signs contain a graphic depiction of the message to assist nonreaders in understanding the message. The provision requires that “the depiction of a pregnant female shall be universal and shall not reflect a specific race or culture.” The provision also requires that warning signs be in both English and the primary language or languages of a retailer’s patrons, if a significant number of the patrons use a language other than English as a primary language.

In Washington, premises that serve alcohol for on-premises consumption are required to post warning signs “in plain view at the main entrance to the liquor licensed portion of the establishment, and in the women's public restrooms closest to the licensed area.”