Most local businesses can thank a supplier in a post or split the cost of a sign with one. In beer, that ordinary courtesy runs into tied-house law, the old rules that keep producers from buying favor with the places that sell their product. They cut both ways, so a taproom, a bar and the brewery whose kegs it pours each carry a different half.
The brewery’s half. TTB treats a brewery’s social posts, videos, apps, links and QR codes as advertising. When a brewery’s ad or post lists a retailer, TTB considers that giving the retailer a thing of value. The exception is a listing of two or more unaffiliated retailers, with no retail price, that sits relatively inconspicuously in the ad. So “Find our pilsner at the corner bar this Friday” can be a problem, while a plain where-to-buy list naming several bars usually is not. Paid creators are covered too: if a brewery pays an influencer, in money or anything else of value, the post is the brewery’s advertising and needs the mandatory statements. Federal rules also bar false or misleading claims and limit health-related ones, and TTB has warned that words like “clean” sitting beside health language read as a health claim.
The bar’s half. State law covers what a retailer may take. Texas lets a bar name brands and prices in its own ads only if it pays the whole cost and gets nothing from the manufacturer or distributor for using the name. California’s ABC says suppliers may not give retail licensees things of value, including joint advertising and sponsorships the law does not specifically authorize, and it lists free goods among unlawful trade practices. Its Trade Enforcement Unit will review advertising and promotional programs when an attorney or licensee asks.
The part that surprises owners. California’s ABC states plainly that a licensee who hires an outside company for this work is responsible for that company’s violations. Hiring an agency does not move the risk. We know the federal rules and the states we have read, we flag anything that touches a supplier, and you, your state agency and, where it matters, your attorney make the call. A taproom that hosts a guest brewer’s tap takeover is a common case worth asking the agency about before the posts go up.
