Popular social media application TikTok quietly updated its advertising policy to allow alcohol ads on the platform, subject to certain restrictions. The beer, wine, and spirits industry advertising codes stipulate that beverage alcohol digital marketing communications should be placed only in media where at least 73.8% of the audience is reasonably expected to be of the legal purchase age, or where the platform can target an audience of legal purchase age individuals through their registered user database. The 73.8% threshold is based on 2020 US Census data that determined 73.8% of the U.S. population is 21 years of age and older. Apps like TikTok can target registered users to serve specific ad content. With TikTok’s user base rapidly growing, it is the latest social media platform to meet the 73.8% threshold. (The industry advertising codes can be found here: Beer Institute Advertising & Marketing Code, Wine Institute’s Code of Advertising Standards, and Distilled Spirits Council of the United States’ Code of Responsible Practices for Beverage Alcohol Advertising and Marketing.)

TikTok’s updated policy is based on applicable local laws and regulations and includes country-specific requirements. In the US, all potential advertisers must work with a TikTok sales representative to determine eligibility. Alcohol ads must: only target users aged 25 years or older, clearly state the product’s ABV,  be registered in the target region and comply with all applicable laws and regulations. Alcohol ads and brand landing pages must also contain a responsible drinking message. Notably, the policy does not allow retail or e-commerce advertisements that promote the sale of alcohol or alcohol delivery services.

What’s allowed in ad content (US): 

• Alcohol brand-sponsored events, such as music festivals or sporting events
• Alcohol mixers and accessories
• Alcoholic and N/A or low proof products (proof of licensure may be required)

What’s not allowed in ad content (US):

• Alcoholic products with add ins, such as wine, beer or spirits that include THC or CBD
• Homemade alcoholic products or beverages
• Retail or e-commerce ads that promote the sale of alcohol or alcohol delivery services
• Targeting or appealing to individuals below the legal drinking age
• Featuring people below the age of 25
• Featuring pregnant people
• Portrayal of excessive drinking, intoxication, or reckless behavior under the influence of alcohol, i.e. hangover relief products
• Offering alcohol as a prize, reward, or promoting any offers or incentives encouraging the consumption of alcohol, such as discounts.

In addition, brands that advertise alcoholic products or any of the permitted content above should consider disabling comments on these ads, because as of the time of publication, TikTok does not verify that commenters are 21 years of age or older. 

Note TikTok has separate rules for branded content under the TikTok Branded Content Policy. “Branded content” is defined as “content that promotes a third-party brand or its products or services in exchange for payment or any other incentive,” e.g., influencer ads. Currently, alcohol cannot be promoted under the branded content policy, so alcohol brands should tread carefully when working with influencers. 

For more information on alcohol advertising in social media, contact an attorney at Strike Kerr & Johns.