Page:United States Statutes at Large Volume 49 Part 1.djvu/1029

 984 74TH CONGRESS. SESS. I. CH. 814. AUGUST 29, 1935. that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for shipment or otherwise introduced, in interstate or of beverage release foreign commerce. Officers of internal revenue and customs are obtained . authorized and directed to withhold the release of such products from the bottling plant or customs custody unless such certificates have been obtained, or unless the application of the bottler for Jurisdiction of courts exemption has been granted by the Administrator. The district over Admin- ist rat or of applicaadmen- - ist rat or courts of the United States, the Supreme Court of the District of u tions. Columbia, and the United States court for any Territory, shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subs ection ; o r advertising. (f) Advertising : To publish or disseminate or cause to be pub- Prohibition on use of matter not conforming lished or disseminated by radio broadcast, or in any newspaper, to regulations. periodical or other publication or by any sign or outdoor advertise- ment or any other printed or graphic matter, any advertisement of distilled spirits, wine, or m alt bevera ges, if su ch adverti sement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in con- formity with such regulations, to be prescribed by the Administrator, To p reven tdece ption (1) as will prevent deception of the consumer with respect to the of consumer. products advertised and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guar- To ti es, and sc ientific o r irreleva nt matters as the Ad ministrato r finds Toprovide consumer consumer to be likely to mislead the consumer ; (2) as will provide the con- specting product . informati on re sumer with adequate information as to the identity and quality of the products advertised, the alcoholic co ntent thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are p rohibited and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by To require accurate volume), and the person responsible for the advertisement ; (3) as statement resp ecti ng neutral spirits content. will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the To p rohib it di spar. commodity from which distilled ; (4) as will prohibit statements that aging statements. are disparaging of a competitor's products or are false, misleading, To prevent sta te- obscene, or indecent ; (5) as will prevent statements inconsistent with ments inconsistent with label statements. any statement on the labeling of the products advertised. This sub- Outdoor advertising. section shall not apply to outdoor advert ising in place on June 18, 1935, but shall apply upon replacement, r estoration, or renovation Classes of persons to of any such advertising. The prohibitions of this subsection and who m prohibi tions not applicable. regulations thereunder shall not apply to the publisher of any news- paper, periodical, or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in business as a dis- tiller, brewer, rectifier, or other producer, or as an importer or whole- saler, of distilled spirits, wine, or malt beverages. or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indi- rectly or through an affiliate. Provisions not ap- The p rovis ions of su bsect ions (a), (b), and (c) shall not apply plicable to State agen - cies. to any act done by an agency of a State or political subdivision thereof, or by any officer or employee of such agency.