CCRB 2007ANNUAL REPORT - Beer Institute · 11/7/2016 · violate section 2(d) of the Beer...

CODECOMPLIANCE

REVIEWBOARD

C C R B 2 0 0 7 A N N U A L R E P O R T

BI_CCRB07_Final3 1/22/08 5:23 PM


Beer Institute Code Compliance Review Board

January 21, 2008

Mr. Jeff BeckerPresidentBeer InstituteWashington, DC 20001

Dear Mr. Becker:

I am pleased to share with you the Code Compliance ReviewBoard’s (CCRB) second annual report detailing our workcompleted throughout 2007. This year we received and deliberatedon four cases, summaries of which are included in our report.With the completion of a second successful year, we have alsohelped create a strong framework for fairly and comprehensivelyaddressing complaints about brewer advertising that implicate theBeer Institute Advertising and Marketing Code.

The Board has also been updated on the recently developedbuying guidelines for brewer advertisements placed on web sitesand in newspapers and various policy issues related toself-regulation in advertising.

Thank you for your continued support of our efforts to ensureadvertising of brewers and beer importers is consistent with theBeer Institute’s Advertising and Marketing Code. My colleaguesand I on the CCRB look forward to continuing our work withyou in the coming year.

Sincerely,

William H. CunninghamChairman

BOARD MEMBERS

William H. CunninghamChairman

Rory Davies

Gloria Rodriguez

Paul G. Summers

122 C Street NW

Suite 350

Washington, DC

20001-2150

202.737.2337 tel

202.737.7004 fax


CCRB Members

William Cunningham, PhD, who is serving as the Chairman, is aprofessor of Marketing at the University of Texas at Austin. He servedfor eight years as Chancellor and Chief Executive Officer of theUniversity of Texas System. In addition to his extensive background inhigher education, Dr. Cunningham has a longstanding academicinterest in consumer protection issues. He serves as a board memberand advisor to several major corporations and non-profit organizations.

Rory Davies serves on the Commission on Presidential Debates. Herresponsibilities include producing the U.S. presidential debates, as wellas providing technical assistance to countries worldwide about issue-oriented candidate debates. She has previously served as Executive VicePresident of the National Association of Broadcasters (NAB) and onthe national board of Mothers Against Drunk Driving. Ms. Daviesdeveloped and oversaw NAB’s national public service campaigns,including initiatives to combat underage drinking and drunk driving.

Gloria Rodriguez is the founder, president, and CEO of Comunicad,a national public relations, advertising, and marketing communicationsfirm recognized for its expertise in the growing Hispanic markets.Rodriguez is a founding board member and past chairwoman of theNational Hispana Leadership Institute, a national training institute forHispanic women, which works in coordination with HarvardUniversity and the Center for Creative Leadership. She is a foundingmember of the Board of Directors of the National Latino Children'sInstitute, which she chaired from 2002-2004.

Paul G. Summers is a partner with the law firm Waller, Lansden,Dortch & Davis. Prior to joining the firm, he served as AttorneyGeneral of the State of Tennessee, Judge of the Tennessee Court ofCriminal Appeals, and District Attorney General for a multi-countydistrict in Tennessee. Mr. Summer served as a JAG officer for morethan three decades in the U.S. military, retiring with the rank ofcolonel. He was awarded the Legion of Merit by President George W.Bush and is a member and former Chairman of the Jason Foundation,Inc., a national nonprofit foundation dedicated to the education andprevention of teenage suicide.



Beer Institute Advertising andMarketing Code Complaint ProcessBrewers utilize the Beer Institute Advertising and Marketing Code's guidelines indeveloping radio, television, internet, print, and other materials to promote theirrespective brands. A consumer who believes that specific advertising and marketingmaterial is inconsistent with one or more guidelines of the Beer Institute Code maycontact the brewer directly regarding their concern or they may contact the BeerInstitute. The brewer will normally respond within ten business days.

A consumer who is dissatisfied with a brewer's response to a complaint that itsadvertising or marketing material violates a guideline in the Beer Institute Code mayfile a complaint form with the Code Compliance Review Board (CCRB). TheCCRB is an independent panel that was established to provide the public with atimely, transparent, and independent complaint review process for brewer advertisingand marketing materials that are being broadcast or actively disseminated in themarketplace.

• The Beer Institute Code as well as background on the CCRB, electroniccomplaint forms, and instructions are all available at www.beerinstitute.org.Hard copy materials may be obtained by calling 1-800-379-2739.

• When a complaint form is filed, it is forwarded to the brewer responsible for theadvertising and marketing material. The complaint and a copy of the advertisingand marketing material are also forwarded to the Chairman of the CCRB. TheChairman will then select three CCRB members to consider the complaint.Complaints missing essential information are returned to the consumer with anoffer to provide assistance if needed.

• The brewer responsible for the advertising and marketing material has anopportunity to respond to the complaint, after which the CCRB reviews all of thematerial and renders a decision.

• CCRB decisions and any brewer response to the decision are posted on the BeerInstitute web site and compiled in an annual report.

• Identical or substantially similar complaints received by the CCRB (same materialand same code provision) are acknowledged with notice that the issue is alreadypending. All consumers who make identical or similar complaints will receivenotice of the CCRB decision and any response by the responsible brewer.

• If a brewer notifies the Chairman of the CCRB that it permanently discontinuedbroadcast or dissemination of the advertising or marketing material at issue morethan 30 days prior to receipt of the complaint filed with the CCRB, and that allreasonable efforts have been taken to withdraw the advertisement or marketingmaterial from the marketplace, the CCRB shall so notify the consumer and thematter shall be considered resolved without the need for further CCRB review.


Michelob Ultra Amber Poison Flowers Proponent: R. Kovel, Merrick, NYBrewer: Anheuser-Busch, Inc.Date: February 14, 2007

Complaint:The Proponent stated that the ad violates section 2(d) of the code, forportraying illegal activity possibly under the influence of alcohol.

Summary of Board Decision:The Code Compliance Review Board decided that the “Michelob Ultra Amber - Poison Flowers”ad did not violate section 2(d) of the Beer Institute's Advertising and Marketing Code for tworeasons: First, there is no implication that the individual who sent the flowers was consuming beer.Second, the depictions in the ad appear farcical and the theme of the advertisement is “a parody orspoof and is readily identifiable as such.”

But He Has Bud LightProponent: R. Goldschmidt, Downers Grove, ILBrewer: Anheuser-Busch, Inc.Date: April 18, 2007

Complaint:The Proponent believed the ad suggested drinking might be occurring while driving and portrayedindividuals taking extreme risks to obtain beer. The complaint also questioned placement of the adon college sports programming in light of the Code's requirement that 70% of viewers must beadults of legal drinking age. The Proponent indicated that the ad violated sections 2, 2(a), and3(c).

Summary of Board Decision:The Board found that the ad did not violate the referenced sections of the Code.

“Section 2 states that beer advertising and marketing materials should portray beer in a responsiblemanner. We believe the advertisement is clearly identifiable as a parody or spoof and, therefore, itdoes not violate Section 2 of the guidelines.”

Section 2(a) was not violated because “the advertisement in question does not show drinking of anykind. It is correct that the passenger the couple picks up is carrying beer, however, once he entersthe vehicle the beer is not seen again.”

Section 3(c) states that beer advertising should be “intended for adult consumers of legal age.” TheBoard stated that this section was not violated by the ad's placement during a college sports eventbecause “according to 2006 Nielson Media Research, approximately 89 percent of the viewersduring the 2006 NCAA Tournament were 21 years and older. The median viewer age for lastyear's tournament was 47. Assuming this information is correct, we have no reason to believe thatthe 2007 NCAA Tournament would have been more likely to appeal to a younger audience.”

2007 CCRB Complaint Summaries


Bud Light Fist BumpProponent: R. Kovel, Merrick, NYBrewer: Anheuser-Busch, Inc.Date: August 27, 2007

Complaint:The Proponent believed the interactions depicted in the commercial were “against the law whereverone lives.” Section 2(d) of the Beer Institute Advertising and Marketing Code states that, “Beeradvertising and marketing materials should not portray or imply illegal activity or any kind by anindividual prior to, during, or after the individual consumes, purchases, or is served beer, unless theactivity is a basic element or feature of a parody or spoof and is readily identifiable as such.”

Summary of Board Decision:“It is our opinion that the advertisement “Fist Bump or Slapping” does represent humor, parody orsatire that is readily identifiable by reasonable adults of legal drinking age and that the activity inthe advertisement is a basic element or feature of the parody. Therefore, it is the unanimousposition of the Code Compliance Review Board that the “Fist Bump or Slapping” ad does notviolate the guidance set out in section 2(d) of the Beer Institute's Advertising and MarketingCode.”

Rock, Paper, ScissorsProponent: R. Kovel, Merrick, NYBrewer: Anheuser-Busch, Inc.Date: August 27, 2007

Complaint:The Proponent stated that the conduct portrayed in the ad does not comport with the rule thatprohibits the portrayal of certain activity in conjunction with beer drinking unless it is a readilyidentifiable parody or spoof. The proponent believed the advertisement violated section 2(d).

Summary of Board Decision:The Code Compliance Review Board ruled that the “Rock, Paper, Scissors” advertisement does notviolate section 2(d) of the Beer Institute Advertising and Marketing Code because it is readilyidentifiable as a parody or spoof and the activity depicted is an element of the said parody.


Advertising and Marketing Code

Introduction

Beer is a legal beverage meant to be consumedresponsibly. Its origins are ancient, and it hasheld a respected position in nearly every cultureand society since the dawn of recorded history.

In the United States, beer is a mature productcategory with broad cultural acceptance and ahistory of memorable and distinctive advertising,that because of its humor and creativity, has longbeen a favorite among American adultconsumers. Advertising and marketing materialsare legitimate efforts by brewers to informconsumers of the particular styles and attributesof numerous beers and other malt beverages thatare available. Brewer advertising and marketingalso foster competition, persuade adult consumersof legal drinking age to try particular brands, andmaintain customer loyalty.

Brewers should employ the perspective of thereasonable adult consumer of legal drinking agein advertising and marketing their products, andshould be guided by the following basicprinciples, which have long been reflected in thepolicies of the brewing industry and continue tounderlie this Code:

• Beer advertising should not suggest directly orindirectly that any of the laws applicable to thesale and consumption of beer should not becomplied with.

• Brewers should adhere to contemporarystandards of good taste applicable to allcommercial advertising and consistent withthe medium or context in which theadvertising appears.

• Advertising themes, creative aspects, andplacements should reflect the fact that brewersare responsible corporate citizens.

• Brewers strongly oppose abuse orinappropriate consumption of their products.

The term “beer” as used in this Code, covers alltypes of malt beverages including, but not limitedto, beers, ales, porters, stouts, flavored maltbeverages, and various specialty products. Theproduction, distribution, and sale of beer in theUnited States are subject to extensive laws andregulations, enforced by federal, state, and localgovernments. Federal and state laws establish athree-tiered distribution system for beer. Thefirst tier is composed of brewers and beerimporters, which are referenced throughout thisCode as “brewers.” The second tier is made upof wholesale distributors, and the third tierincludes a wide range of licensed retail outlets, atwhich beer is sold to consumers. Companies ineach tier of this distribution system are requiredby law to maintain their commercialindependence. The Beer Institute encourages allwith whom brewers do business to adhere to thelaw, as well as this voluntary Advertising andMarketing Code.

Guidelines

1. These guidelines apply to all breweradvertising and marketing materials, includingInternet and cyberspace media. In applyingthese guidelines, creative elements are to beconsidered in the overall context of theadvertisement or marketing materials.Humor, parody, satire, and all otheradvertising themes and devices should bereadily identifiable as such by reasonableadults of legal drinking age.

These guidelines do not apply to educationalmaterials or televised, printed, or audiomessages of a non-brand specific nature; norto materials or messages designed specificallyto address issues of alcohol awareness, abuse,drunk driving, underage drinking, or over-consumption.

2. Beer advertising and marketing materialsshould portray beer in a responsible manner:

a. Beer advertising and marketing materialsshould not portray, encourage, or condonedrunk driving.


b. Although beer advertising and marketingmaterials may show beer being consumed(where permitted by media standards),advertising and marketing materials should notdepict situations where beer is being consumedrapidly, excessively, involuntarily, as part of adrinking game, or as a result of a dare.

c. Beer advertising and marketing materials shouldnot portray persons lacking control over theirbehavior, movement, or speech as a result ofconsuming beer or in any way suggest that suchconduct is acceptable.

d. Beer advertising and marketing materials shouldnot portray or imply illegal activity of any kindby an individual prior to, during, or after theindividual consumes, purchases, or is servedbeer, unless the portrayal or implication ofillegal activity is a basic element or feature of aparody or spoof and is readily identifiable assuch.

e. Beer advertising and marketing materials shouldnot portray beer drinking before or duringactivities, which for safety reasons, require ahigh degree of alertness or coordination.

f. Retail outlets where beer is served or soldportrayed in advertising should not be depictedas unkempt or unmanaged.

3. Brewers are committed to a policy and practice ofresponsible advertising and marketing. As a partof this philosophy, beer advertising and marketingmaterials are intended for adult consumers of legaldrinking age. Advertising or marketing materialsshould avoid elements that appeal primarily topersons under the legal drinking age. Advertisingand marketing materials appeal primarily topersons under the legal drinking age if they havespecial attractiveness to such persons beyond theirgeneral attractiveness for persons above the legaldrinking age.

a. In considering whether beer advertising andmarketing materials appeal primarily to personsunder the legal drinking age, brewers shouldtake into account the following elements amongothers:

• Symbols• Language • Music • Gestures • Entertainers or celebrities • Cartoon characters• Groups or organizations

b. Beer advertising and marketing materials shouldnot depict Santa Claus.

c. Beer advertising and marketing materials shallonly be placed in magazines, on television, oron radio where at least 70% of the audience isexpected to be adults of legal drinking age. Aplacement will be considered reasonable if theaudience composition data reviewed prior toplacement met the percentages set forth above.What constitutes a reasonable basis forplacement depends on the medium andavailable data for that medium. Buyingguidelines for the implementation of thissection will be distributed in conformance withthe dissemination provisions of this code. Thebrewer placing advertising or marketingmaterials in magazines, on television, or onradio shall conduct periodic after-the-factaudits, at least semi-annually where possible, ofsubstantially all of its placements. If a brewerlearns that a placement did not meet the Codestandard, it will take steps to prevent areoccurrence. These steps may include, but arenot limited to: investigating exceptions;canceling placements on programs withunacceptable audience composition; reallocatingpurchases to a different and acceptable timeslot; contacting the media outlet/station withregard to placement errors or possible reportingerrors; reemphasizing audience compositionrequirements with media buyers and mediaoutlets; and continued monitoring of a programor time slot to determine whether buys shouldbe canceled or reallocated.


d. Models and actors employed to appear inbeer advertising and marketing materialsshould be a minimum of 25 years old,substantiated by proper identification, andshould reasonably appear to be over 21years of age.

e. Beer should not be advertised or marketedat any event where most of the audience isreasonably expected to be below the legaldrinking age. This guideline does notprevent brewers from erecting advertisingand marketing materials at or near facilitiesthat are used primarily for adult-orientedevents, but which occasionally may be usedfor an event where most attendees areunder age 21.

f. No beer identification, including logos,trademarks, or names should be used orlicensed for use on clothing, toys, games orgame equipment, or other materialsintended for use primarily by personsbelow the legal drinking age.

g. Brewers recognize that parents play asignificant role in educating their childrenabout the legal and responsible use ofalcohol and may wish to prevent theirchildren from accessing Internet web siteswithout parental supervision. To facilitatethis exercise of parental responsibility, BeerInstitute will provide to manufacturers ofparent control software the names and website addresses of all member-company websites. Additionally, brewers will requiredisclosure of a viewer's date of birth at theentry to their websites and will postreminders at appropriate locations in theirweb site indicating that brewer products areintended only for those of legal purchaseage. These locations include entrance intothe web site, purchase points within theweb site, and access into adult-orientedlocations within the web site, such asvirtual bars.

4. Beer advertising and marketing materialsshould not make the following exaggeratedproduct representations:

a. Beer advertising and marketing materialsshould not convey the impression that abeer has special or unique qualities if infact it does not.

b. Beer advertising and marketing materialsshould make no scientificallyunsubstantiated health claims.

c. Beer advertising and marketing materialsmay portray beer as a part of personal andsocial interactions and experiences, and abrand may be portrayed in appropriatesurroundings, as a superior choice tocompliment a particular occasion oractivity. Beer advertising and marketingmaterials should not, however, claim orrepresent that individuals cannot obtainsocial, professional, educational, athletic, orfinancial success or status without beerconsumption.

d. Beer advertising or marketing materialsshould not claim or represent thatindividuals cannot solve social, personal, orphysical problems without beerconsumption

5. Beer advertising and marketing materials:

a. Should not contain language or images thatare lewd or indecent in the contextpresented and the medium in which thematerial appears.

b. May contain romantic or flirtatiousinteractions but should not portray sexuallyexplicit activity as a result of consumingbeer.

6. Beer advertising and marketing materialsshould not contain graphic nudity.

7. Beer advertising and marketing materialsshould not employ religion or religiousthemes.

8. Beer advertising and marketing materialsshould not disparage competing beers.


a. Comparisons or claims distinguishingcompeting beers should be factual.

b. Beer advertising and marketing materialsshould never suggest that competing beerscontain objectionable additives oringredients.

9. Beer advertising and marketing materialsshould not disparage anti-littering andrecycling efforts. Beer advertising andmarketing materials should not show litteringor otherwise improper disposal of beercontainers, unless the scenes are used clearly topromote anti-littering and/or recycling.

10.College marketing

Beer advertising and marketing materials oncollege and university campuses, or in college-owned media, should not portrayconsumption of beer as being important toeducation, nor shall advertising directly orindirectly degrade studying. Beer may beadvertised and marketed on college campusesor at college-sponsored events only whenpermitted by appropriate college policy.

a. On-campus promotions/sponsorships

1) Brewer sponsored events: Brewersponsorship of on-campus events orpromotions at on-campus licensedretail establishments shall be limited toevents conducted in accord with thisCode, state law, and applicableinstitutional policies. In their contentand implementation, company on-campus promotions and sponsorshipsshall not encourage the irresponsible,excessive, underage, or otherwise illegalconsumption of beer.

2) Branded products: Beer-brandedpromotional products such as keychains, clothing, posters, or othertangible goods designed to promotespecific beer brands, are intended onlyfor adults of legal drinking age.Distribution of these items will

therefore take place only at licensedretail establishments or wheredistribution is limited to those over thelegal drinking age, and otherwiseconforms to applicable laws andinstitutional policies.

3) Tastings: Tasting events at whichproduct samples are provided shouldoccur at licensed retail establishmentsor where distribution is limited to thoseover the legal drinking age, orotherwise conforms to applicable lawsand institutional policies.

b. Brewer sales representatives.

Brewer sales representatives who undertakesales calls on or near a college campus mustbe adults of legal drinking age, and shallconduct sales activities in conformity withthis Code.

11.Billboards

Billboard advertisements by brewers shall belocated at least 500 linear feet from establishedand conspicuously identified elementary orsecondary schools, places of worship, or publicplaygrounds.

12.Product placement

Movies and television programs frequentlyportray consumption of beer and relatedsignage and props in their productions.Brewers encourage producers to seek approvalbefore using their products, signage, or otherprops in artistic productions. Whileproducers sometimes seek prior approval frombrewers, the final artistic and editorialdecisions concerning product portrayal arealways within the exclusive control of themovie or television producers.

With regard to those producers who seekbrewer approval or those brewers who seekplacement opportunities, product placementwill be guided by the following principles:


a. Case by Case Approval: Brewers willapprove or reject product placement inspecific projects or scenes on a case by casebasis, based upon the information providedby the movie or television program'sproducers.

b. Portrayal of drinking and driving: Brewersdiscourage the illegal or irresponsibleconsumption of their products inconnection with driving. Consistent withthat philosophy, brewers will not approveproduct placement where the charactersengage in illegal or irresponsibleconsumption of their products inconnection with driving.

c. Underage drinking: Brewers discourageunderage drinking and do not intend fortheir products to be purchased or consumedillegally by people below the legal drinkingage. Consistent with that philosophy,brewers will not approve product placementwhich portrays purchase or consumption oftheir products by persons who are under thelegal drinking age.

d. Primary appeal to persons below the legaldrinking age: Brewers discourage underagedrinking and do not intend for theirproducts to be purchased or consumedillegally. Consistent with that philosophy,brewers will not approve product placementwhere the primary character(s) are underthe legal drinking age or the primarytheme(s) are, because of their content orpresentation, specially attractive to personsbelow the legal drinking age beyond thegeneral attractiveness such themes have forpersons above the legal drinking age.

e. Portraying alcoholism/alcohol abuse:Brewers do not want their products to beabused. Consistent with that philosophy,brewers will not approve product placementwhere characters use their productsirresponsibly or abusively or wherealcoholism is portrayed, unless thedepiction supports a responsible-usemessage.

f. Measured media: Brewers will not requestor approve a product placement in anymeasured media unless the placement isconsistent with the Buying Guidelines thataccompany this Code and at least 70% ofthe audience is reasonably expected to beadults of legal drinking age.

Code Compliance and Dissemination

Each member of the Beer Institute is committedto the philosophy of the Code and is committedto compliance with the Code. When the BeerInstitute receives complaints that anadvertisement or marketing practice isinconsistent with a provision of the Code, theInstitute's longstanding practice is to promptlyrefer such complaints in writing to the membercompany or to non-member brewers for reviewand a response. To facilitate this process, theBeer Institute maintains a toll-free number (1-800-379-2739) and a web site atwww.beerinstitute.org.

If the proponent of a complaint is dissatisfiedwith the response received from a Beer Institutemember or a non-member brewer, furtherconsideration may be requested by the BeerInstitute Code Compliance Review Board. TheBoard is composed of individuals with a varietyof experience who are independent of thebrewing industry. The Board will reviewcomplaints from the perspective of the reasonableadult consumer of legal drinking age and decidewhether or not such complaints identifyadvertisement(s) or marketing material(s) that areinconsistent with one or more of the guidelinesin the Code. Board decisions will be posted onthe Beer Institute web site.

Copies of this code shall continue to be given tobrewery employees, wholesale distributors, andoutside agencies whose responsibilities includeadvertising and marketing beer, as well as to anyoutside party who might request it.

Beer Institute122 C Street, N.W., Suite 350Washington, DC 20001-2150202-737-2337


Buying Guidelines for the Implementation of Section 3(c)of the Beer Institute Advertising and Marketing Code

Brewers shall use the following guidelines whenpurchasing advertising in magazines or ontelevision or radio.

Magazine Guidelines

A. For the purchase of print advertisements inmagazines, use of a nationally recognizedmeasurement service providing age 12-plusaudience composition data to the extentavailable, or if not available, age 18-plusaudience compositional data, or, ifunmeasured, subscription data and/or otherdata from comparable publications.

B. For the purchase of print advertisements innew magazines, use of subscription dataand/or other data from comparablepublications.

C. A placement will be considered appropriatewhen data supplied by the sources referencedin (A) and (B) above shows that thepublication is in compliance with the code.

D. Placement of print advertisements in editionsof magazines that are published for subscribers21 years of age or older will be deemedcompliant with the Code.

Television Guidelines

A. For national network television advertisingbuys, use of national audience compositiondata on the program in the timeslot.

B. For syndicated, cable or local spot televisionbuys, use of national audience compositiondata for the program or daypart being bought.

C. For new buys, use of national audiencecomposition data for comparable programs incomparable timeslots.

D. A placement will be considered appropriatewhen data for two consecutive rating periodsshows that the program or daypart is incompliance with the Code.

Radio Buying Guidelines

A. Audience composition restrictions apply to allpaid and bonus spots including rotators,negotiated and agreed upon mentions, liners,tags, billboards, and any other type ofannouncement.

B. For audited radio stations, audiencecomposition will be determined by theAverage Quarter Hour (AQH) Personsmeasurement in Arbitron quarterly reports.

C. Time periods in which radio spots may beplaced shall be in the following Arbitronstandard dayparts or other time periods asspecified below that satisfy the code provisionthat 70% of the audience composition is 21years of age or older:

1. Arbitron standard dayparts:

i. AM Drive Monday thru Friday 6:00 a.m. - 10:00 a.m.

ii. Midday Monday thru Friday 10:00 a.m. - 3:00 p.m.

iii. PM Drive Monday thru Friday 3:00 p.m. - 7:00 p.m.

iv. Evening Monday thru Friday 7:00 p.m. - 12:00 midnight

v. Monday through Friday 12:00 midnight - 6:00 a.m.

vi. Sat. & Sun. 6:00 a.m. - 10:00 a.m.

vii. Sat. & Sun. 10:00 a.m. - 3:00 p.m.

viii.Sat. & Sun. 3:00 p.m. - 7:00 p.m.

ix. Sat. & Sun. 7:00 p.m. - 12:00 midnight

x. Sat. & Sun. 12:00 midnight - 6:00 a.m.


2. Any period of time adjacent to an Arbitronstandard daypart that is also purchased,provided that each additional hourindependently satisfies the code provisionthat 70% of the audience composition is21 years of age or older.

3. Any period of two or more consecutivehours, provided that each hourindependently satisfies the code provisionthat 70% of the audience composition is21 years of age or older.

D. Radio spots placed will be consideredappropriate when data for each rating periodcovering the previous six months from the daythe ad placement is made shows that the timeperiod purchased satisfies the code provisionthat 70% of the audience composition is 21years of age or older.

E. As new Arbitron reports become availableduring the term of an agreement to purchasefuture radio spots, brewers will review the newdata to determine whether spots purchasedunder the agreement continue to satisfy theCode provision that 70% of the audiencecomposition is 21 years of age or older. If not,brewers will, as soon as practicable, makeschedule adjustments, cancellations, or otherappropriate changes to comply with the “70%standard” for the duration of the agreement.

F. For unaudited radio stations, radio spotsplaced will be considered appropriate if theymeet these guidelines through use of audiencecompositional data from time periods forcomparable stations in comparable markets.

Newspaper Buying Guidelines

A. The demographic standard found in Guideline3c of the Code applies to all paid and bonusplacements in the print editions of daily,Sunday, and weekly newspapers includingadvertising supplements, magazine sections,and other forms of advertising added to ordelivered with newspapers.

B. Prior to the purchase of print advertisementsin newspapers distributed nationally, regionallyor locally, brewers will review audiencecomposition data utilizing an audiencemeasurement source recognized by theadvertising industry (such as, but not limitedto Scarborough Research and MediamarkResearch, Inc.). Data for the most recentrating period available will be reviewed todetermine that placements are reasonablyexpected to meet the demographic standard.

C. For advertising placements in unmeasurednewspapers, brewers will use subscription dataand/or other data from comparablenewspapers.

D. For advertising placements in new newspapers,brewers will use subscription data and/or otherdata from comparable publications.

E. A placement will be considered appropriatewhen data supplied by the sources referencedin (B), (C), or (D) above shows that thereadership or subscriber base of the newspaperis reasonably expected to meet thedemographic standard.

F. Brewers will conduct post-audits of arepresentative sample of actual placements inmeasured newspapers at least annually todetermine whether they met the demographicstandard in Guideline 3c of the Code. Fornewspapers that are not measured on a regularbasis, brewers should make reasonable effortsto obtain survey or other information that isavailable.

Internet Buying Guidelines

A. The demographic standard in Guideline 3c ofthe Code applies to all paid and bonusplacements by brewers on internet websitesoperated by others. Where a single purchase ismade for placements on multiple websites, thedemographic standard and these guidelinesapply to each website independently.


B. It is recognized that methodologies for ratinginternet websites as well as specificmeasurements of the various forms of Internetadvertising are still evolving. Brewers willutilize a consistent internet audiencemeasurement source recognized by theadvertising industry (such as, but not limitedto, ComScore or Nielsen NetRatings) todetermine whether advertising placements onwebsites are reasonably expected to meet thedemographic standard in Guideline 3c of theCode. When the source regularly used by abrewer does not measure a particular site,other recognized rating systems may be reliedupon.

C. For measured websites, a placement will beconsidered appropriate if the audience ofmonthly unique visitors meets or exceeds thedemographic standard in Guideline 3c in eachof the two most recent, consecutive monthlyreports available at the time the placement ispurchased.

D. If a placement is made on a website where thedissemination of such placement is restrictedonly to registered users of that site age 21 orover, such placements will be deemedcompliant with the demographic standard,even if the overall audience for the unrestrictedcontent on the website does not meet thestandard.

E. For new or unmeasured web sites, placementsmay be made using audience composition datafor measured websites in the same categoryand with similar content and/or by takingother reasonable measures to predict audiencecomposition. Such steps include, for example,reviewing website content and information onthe purpose and target audience of the websiteprior to purchase of advertising and obtainingconfirmation from the website operator thatits internal data indicates that the websitemeets the demographic standard.

F. Downloaded content and content that can beforwarded to others by e-mail directly frombrewer websites or from brewer placements onwebsites operated by others shall include aterm of use instructing those downloading ore-mailing such content that they should notforward the content to persons under the legaldrinking age.

G. Brewers will conduct post-audits of actualplacements on measured web sites at leasttwice a year to determine whether they metthe demographic standard found in Guideline3c.


122 C Street, N.W., Suite 350Washington, DC 20001-2150

202-737-2337


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