The Ad Code: A Longstanding Commitment to Responsibility
By Mary Jane Saunders, Counsel
I’ve spent many years working on the Beer Institute’s Advertising & Marketing Code (the Code or Ad Code), and I can tell you it’s not something that sits on a shelf. It is something our brewers and staff use every day. With a vibrant history, the Ad Code is a prime example of how the beer industry continues to lead the way in responsible advertising and marketing.
Pre-Prohibition critics blamed brewers for everything from aiding crime to encouraging corruption. When Prohibition ended 93 years ago, brewers knew that rebuilding trust was essential to their long-term success. Brewers took strides to make responsible marketing a top priority in 1937, well before most industries did. The idea was straightforward. If we are going to advertise beer, we will do so responsibly.
Beer is, without question, heavily regulated at the federal, state and local levels, so it makes sense to have robust self-regulatory programs where possible to avoid unnecessary laws or rules that may not be industry-appropriate.
Setting the Standard for Responsible Advertising
At its core, the Code helps beer manufacturers and importers develop advertising directed to adults of legal drinking age. The goal is not to convince people who do not drink to start. It is about communicating with adults who have already chosen to drink to try your brands.
The Code also has clear guidelines regarding ad placement. Brewers place beer advertising where at least 73.8% of the audience’s demographic is of legal drinking age, a threshold derived from 2020 Census data. Our members check the audience age data before placements, audit it afterward and adjust their advertising as necessary.
The beer industry takes additional precautions to ensure its ads do not have a primary appeal to anyone under 21. We ask brewers to consider carefully whether to use cartoons, images of Santa Claus or other kid-directed ad elements. The voluntary restrictions go well beyond imagery; the Code also requires models and actors photographed for ads to be over 25 and appear to be older than 21.
The Ad Code’s adaptability is another way the beer industry standards go over and beyond. When I first started working on this, most of the focus was on print, billboards, television and radio. Like everything today, media placements are changing, and while the pace of that change is fast, brewers’ expectations to advertise responsibly and avoid advertising directed to underage audiences remain constant. We continually review the Ad Code to address new advertising standards and practices. We are always thinking about ways to provide, through the Code, a responsible foundation for beer advertising and marketing.
Keeping the Ad Code Fresh
In January of this year, the Beer Institute released an updated version of the Code. Among the updates were changes to ensure that the Ad Code applies to all types of malt beverages, beers and specialty products containing alcohol that brewers sell in the United States.
The Ad Code now also applies to beer-branded, non-alcohol products and non-alcohol beverages marketed as alternatives to alcohol beverages. These changes help brewers responsibly market NA products. New language also encourages brewers to apply the Ad Code to other alcohol beverages they sell in the United States.
Holding Members to the Highest Standard
The Ad Code has a robust review process; it is not just a set of guidelines on a website. The Code Compliance Review Board, or the CCRB, plays a key role in that. The Beer Institute established the CCRB as an independent third-party body to review complaints regarding beer advertising and marketing materials. This independent body provides a formal way to evaluate advertising and marketing against the standards we have set as an industry.
Anyone can submit a complaint if they feel brewers violate the Code, and when they do, the CCRB reviews the ad in question and determines whether it violates the Code. The CCRB process is independent and transparent. It is a system that holds brewers accountable and helps maintain trust with consumers, regulators and the broader public.
After all, that’s what the Ad Code is all about. It’s about our members holding themselves accountable year-round, doing their part to uphold responsible advertising and marketing. We do the same at the Beer Institute, holding ourselves accountable to the Code as well. I am proud to lead this effort for Beer Institute and to collaborate with our members to ensure responsible marketing standards for the alcohol industry.
