From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A bar wants to advertise “$2.00 beers and $1.50 well drinks” for its daily happy hour. Can we print drink prices in our newspaper?

A: Yes, drink prices can appear in newspaper advertising subject to several rules and regulations. The general rules regarding alcoholic beverage ads are as follows:

Any advertisements of price may not contain any of the following:

• False, deceptive or misleading statements;
• Statements disparaging of the products of competitors; or
• Monetary comparisons of brands.

Bars and Restaurants may:

• Offer one drink special per day (drink of the day), which must end by midnight; and
• Offer one two-hour happy hour each day, which must end by midnight.

Bars and Restaurants may not:

• Offer 2 drinks for the price of one;
• Sell an unlimited amount of alcohol for a set price (EXCEPT at catered events arranged at least 24 hours in advance);
• Discriminate on the basis of sex, race, national origin, or disability (No "Ladies Nights" with specials exclusively for women); or
• Offer any discount pricing (happy hour, drink of the day) after midnight.

The following restrictions apply to all advertisements for alcoholic or malt beverages:

• The advertiser must be clearly identified in the ad.
• No printed advertisements are permitted within 300 feet of a church, school or public playground.
• No advertisements may be directed at minors to promote the illegal consumption of alcoholic beverages.
• Obscene advertisements are prohibited.
• Advertisements may not contradict the ideals of safety or safe driving programs.
• Licensees may not advertise any alcoholic beverages if they do not actually have a sufficient supply of the beverages on hand to meet the normally expected demands.
• Advertisements may not refer to the alcoholic strength of a malt beverage in any manner in order to induce consumers to buy the product. Terms such as "full strength," "extra strength," "high proof," etc. are prohibited.

PNA Legal Hotline: (717) 703-3080

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