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What is the 73.8% DISCUS rule for social media advertising?

On Behalf of | Oct 4, 2024 | Beverage Media

Social media advertising is one of the main ways that companies – including alcohol brands – get their products in front of their target demographic.

However, a liquor brand can take a lot of heat if it is accused of targeting minors when it markets on social media sites and other digital networking platforms. To that end, the Distilled Spirits Council of the United States (DISCUS) provides guidelines for responsible alcohol marketing.

One of the most important rules says that advertisements for distilled spirits should only be placed on media where at least 73.8% of the audience can reasonably be expected to be of legal drinking age – a number that is reflective of the general population.

How can liquor companies adhere to this requirement?

The rule is there to promote responsible marketing practices and ethical integrity. To remain compliant, liquor companies can:

  • Use age-gating tools: Numerous social media platforms and websites have “age-gating” tools that are designed to restrict visibility based on a user’s age. If you’ve ever had to certify that you are over 21 years of age to view a website or a post, you’re already familiar with how some of these tools work.
  • Review platform demographics: While the ages of users on any given social media site can fluctuate, there are ways to look at the demographics before advertising a liquor brand. Using reliable audience data and tracking changes before each new ad campaign can help you remain in compliance.
  • Use targeted advertising: Advertising can be programmed to target users based on detailed demographics, including their age and interests. Using the targeting capabilities of Facebook or Instagram ads, for example, can make it easier to ensure that your ads are displayed to adults of drinking age.

Complying with the DISCUS Code and the 73.8% requirement can be done – and it is one of the best ways to reinforce your brand’s commitment to social responsibility.

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The foregoing was prepared as general information. It is not meant to provide legal advice granting any specific matter and should not be acted upon without professional counsel. If you have questions or require additional information regarding these or other related matters, please contact Malkin Law, P.A. This material may be considered attorney advertising under certain rules of professional conduct.