Code of Responsible Practices

Code of

Responsible

Practices

for Beverage Alcohol

Advertising and Marketing

Since 1934

Distilled Spirits Council

of the United States

Introduction and Scope

Responsible Placement Provisions

[A] Adult Audiences and Underage Persons

Responsible Content Provisions

[A] Adult Audiences and Underage Persons

[B] Social Responsibility

[C] Examples of Inappropriate Content

Other Responsible Advertiser Provisions

[A]

Conduct at Promotional Events

[B]

Product Placements

[C]

Internal Compliance Process

Code Review Board and Complaint Process

[A]

Code Review Board Structure and Responsibilities

[B]

Code Complaint Process

Code Guidance and Training

[A]

Outside Advisory Board

[B]

Training Seminars

[C]

Other Code Guidance Documents

Appendix A — Responsible Digital

Marketing Guidelines

[A]

Basic Principles

[B]

Definitions and Guidance to Implement Principles

Appendix B — Responsible Media

“Buying” Guidelines

[A]

Media Placement and the 73.8% LPA Standard

[B]

Compliance Standards Per Medium

[C]

Post Audits

A-1

B-1

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

Introduction

and Scope

The Distilled Spirits Council of the United States, Inc. (DISCUS) is a national trade association

representing producers and marketers of distilled spirits sold in the United States. For more

than 87 years, DISCUS members have voluntarily abided by the Code of Responsible Practices

for Beverage Alcohol Advertising and Marketing—pledging to advertise and market their

products to adults of legal purchase age in a responsible and appropriate manner.

The Code has been widely lauded as a model of self-regulation because it applies more rigorous

standards than the government could require under the First Amendment, operates through

a transparent and accountable process, and covers the full breadth of current advertising and

marketing practices.

The Code applies to all activities undertaken by DISCUS members to advertise and market

distilled spirits, malt beverage, and wine brands, as well as non-DISCUS member activities

to advertise and market distilled spirits. These activities include brand advertising, consumer

communications, promotional events, packaging, labels, sponsorships, product placements,

and distribution and sales materials.

The Code has long provided industry members with a touchstone for responsible advertisement

placement and content. Even so, DISCUS members recognize that it is impossible to cover

every eventuality and, therefore, agree to observe the spirit, as well as the letter, of this Code.

Two critical bodies of experienced professionals, the Code Review Board and Outside Advisory

Board, serve to execute and ensure adherence to the Code. For several decades, the Code

Review Board has served to evaluate complaints and inquiries about advertising and marketing

materials subject to this Code. The Code Review Board complaint process is transparent, and

the resulting decisions and actions are regularly published on the DISCUS website. The Outside

Advisory Board is composed of highly esteemed professionals with extensive experience related

to responsible advertising. The Advisory Board is available to provide anonymous guidance on

Code compliance, as well as their opinion if the Code Review Board cannot arrive at a majority

decision on a complaint.

Since the inception of the Code in 1934, social mores, advertising practices, and technologies

have evolved requiring the Code to adapt and remain flexible. Whatever the next trend may

bring, DISCUS and its members will always remain dedicated to maintaining high standards

that steer the industry to responsible advertising practices.

Last update: May 2023

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[A] Adult Audiences

and Underage Persons

1. Adult Audiences. Beverage alcohol advertising and marketing materials are

intended for legal purchase age adults who choose to drink. Thus, these materials

should primarily appeal to individuals 21 years of age or older and best efforts

should be taken to ensure they are placed in broadcast, cable, radio, print, and

internet/digital communications where at least 73.8 percent of the audience

is reasonably expected to be 21 or older. In order to facilitate these placement

commitments, advertisers should adhere to the best practices outlined in the

Responsible Media Buying Guidelines. See Appendix B.

2. Fixed Advertising and Marketing Materials. Appropriate measures

and best efforts should be taken so that fixed beverage alcohol advertising and

marketing materials are placed at venues used primarily for adult-oriented events

defined as where at least 73.8 percent of the audience attending

those venue events is reasonably expected to be of legal purchase age.

3. College Campus Marketing. Beverage alcohol products may not

be advertised/marketed on college/university campuses or in college/university

publications. The following activities, however, are permitted: (1) beverage alcohol

product advertising/marketing and supplier-sponsored beverage alcohol

promotions may be conducted in an on-campus licensed location; and (2)

beverage alcohol products may be advertised/marketed

at events where substantially all attendees are of legal purchase age, such

as events organized by or for graduate or alumni organizations.

4. Prohibited Zones of Advertising. Beverage alcohol advertising

should not be placed on any outdoor stationary location within five

hundred (500) linear feet of an established place of worship, an

elementary school or secondary school except on a licensed premise.

5. Website Age Affirmation. Age affirmation mechanisms, utilizing month, day

and year functionality, should be employed for DISCUS member-controlled

beverage alcohol advertising or marketing websites. Age affirmation mechanisms

may vary depending upon available technology. Examples include, but are not

limited to, an age affirmation page, an email or instant messaging age affirmation,

or the use of a site’s “registered user” database of users of legal purchase age.

Member-controlled websites should contain a reminder of the legal purchase age.

Responsible Placement Provisions

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[A] Adult Audiences

and Underage Persons

1. Primary Appeal to Legal Drinking Age Adults. All beverage alcohol

advertising and marketing materials, regardless of placement, are intended for

legal purchase age adults who choose to drink. The content of beverage alcohol

advertising and marketing materials should primarily appeal to individuals 21

years of age or older.

2. Advertisements Appealing to Children Are Inappropriate. Marketing

that primarily appeals to individuals under the age of 21 is inappropriate.

Advertising and marketing materials are considered to “primarily appeal” to

persons below the legal purchase age if they have special attractiveness to such

persons beyond the general attractiveness for persons of legal purchase age.

3. Age of Models and Actors. Beverage alcohol products should not be advertised

or promoted by any person who is below the legal purchase age or who is made

to appear to be below the legal purchase age. To help ensure that individuals in

beverage alcohol advertising are and appear to be above the legal purchase age,

models, and actors employed should be a minimum of 25 years old, substantiated

by proper identification, and should reasonably appear to be 21 years of age and

older. For clarity in applying this provision, athletes, celebrities, spokespersons,

and influencers of legal purchase age that are generally recognizable to the

intended audience are not considered models or actors under this provision;

however, such individuals should reasonably appear to be 21 years of age or older

in any beverage alcohol advertising and should not primarily appeal to persons

below the legal purchase age.

4. Branded Apparel Adult Sizing. Brand logoed apparel and the licensing of

member company trademarks used in connection with the sale of brand logoed

apparel should be limited to only adult sizes.

5. Product Potency. Beverage alcohol advertising and marketing materials may

refer to the alcohol content of a beverage alcohol product in a straightforward and

factual manner, but should not promote the potency of a beverage alcohol product.

Responsible Content Provisions

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[B] Social Responsibility

1. Good Taste and Responsible Use. Beverage alcohol advertising and

marketing materials should portray beverage alcohol products and drinkers in

a responsible manner and reflect generally accepted contemporary standards of

good taste.

2. Responsible Drinking Statements. It is critically important to remind

consumers to enjoy beverage alcohol products responsibly. Accordingly,

responsible drinking statements should be included in beverage alcohol

advertising, marketing materials, and promotional events where practicable.

3. Activities That Are Illegal or Require a High Degree of Alertness.

Beverage alcohol advertising or marketing materials should not portray beverage

alcohol being consumed by a person who is engaged in, or is about to engage

in, any activity that is illegal or requires a high degree of alertness or physical

coordination, such as driving a vehicle.

[C] Examples of

Inappropriate Content

In order to provide clarity and guidance, included herein is a non-exhaustive list of

inappropriate content for beverage alcohol advertising and marketing materials that

would violate the Code:

1) Depicts a child or portrays objects, images, or cartoon figures that primarily

appeal to persons below the legal purchase age;

2) Uses the name of or depicts Santa Claus;

3) Promotes alcohol use as a "rite of passage" to adulthood;

4) Uses brand identification—including logos, trademarks, or names—on

clothing, toys, games, game equipment, or other items intended for use

primarily by persons below the legal purchase age;

5) Portrays persons in a state of intoxication or in any way suggests that

intoxication is socially acceptable conduct;

6) Makes curative or therapeutic claims, except as permitted by law;

Responsible Content Provisions

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

7) Makes claims or representations that individuals can attain social,

professional, educational, or athletic success or status due to beverage alcohol

consumption;

8) Degrades the image, form, or status of women, men, or of any ethnic group,

minority, sexual orientation, religious affiliation, or other such group;

9) Uses lewd or indecent images or language;

10) Employs religion or religious themes;

11) Relies upon sexual prowess or sexual success as a selling point for the brand;

12) Uses graphic or gratuitous nudity, overt sexual activity, promiscuity, or

sexually lewd or indecent images or language;

13) Association with anti-social or dangerous behavior;

14) Depicts illegal activity of any kind; or

15) Uses the term “spring break” or sponsors events or activities that use the term

“spring break,” unless those events or activities are located at a licensed retail

establishment.

Responsible Content Provisions

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[A] Conduct at

Promotional Events

1. Discourage Excessive or Abusive Consumption. On-premise supplier

sponsored promotions should encourage responsible consumption by those

adults who choose to drink and discourage activities, such as drinking games, that

reward or encourage excessive or abusive consumption.

2. Responsible Sampling. Where supplier sampling is permitted, appropriate

measures should be employed to safeguard against underage drinking, including

taking the necessary steps to ensure that individuals conducting the sampling on

behalf of the supplier are of legal purchase age.

[B] Product Placements

1. Product Placements Guided by Code. Movies, television programs, music

videos, and video games often portray the consumption of beverage alcohol

products and include related beverage alcohol signage in their productions. For

those who seek product placement opportunities, placements should be guided

by the principles of the Code and assessed on a case-by-case basis utilizing

information about the placement available at the time provided by the project's

producers.

Other Responsible Advertiser Provisions

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[C] Internal Compliance Process

1. Internal Compliance Process. Companies should establish an internal process

to ensure compliance with the Code. To the extent possible given a company's

size and organizational structure, this process should include a separate review

of advertising and marketing materials by a company employee who is not in

the marketing department or who was not involved in the development of the

advertising or marketing materials.

2. Training Program. Companies should take appropriate steps to ensure that

employees involved in advertising and marketing are properly trained on the

Code. Where possible, companies should establish and conduct a regular training

program for employees involved in the advertising or marketing of the company's

brands, including appropriate initial and recurrent training.

3. Advertising Agencies and Other Consultants. Companies should provide

a copy of the Code to advertising agencies, media buyers, and other external

consultants involved in a member's advertising or marketing activities.

Other Responsible Advertiser

Provisions

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[A] Code Review Board

Structure and Responsibilities

1. Code Review Board Structure. The Code Review Board shall be comprised of

no less than five (5) members in good standing of the DISCUS Board of Directors

or his/her designee. Each member shall be elected by a majority vote of the Board

of Directors.

2. Code Review Board Meetings. The Code Review Board shall meet when

necessary to consider complaints of Code violations and as otherwise necessary to

conduct Code business.

3. Adjudication of Complaints. The Code Review Board shall promptly

adjudicate Code complaints, adhering to the process outlined herein. Findings of

the majority of the members of the Code Review Board shall be communicated

promptly to the responsible advertiser and, in appropriate circumstances, to all

members of the DISCUS Board of Directors.

[B] Code Complaint Process

1. Filing a Compliant

a. Format and Substance of Complaint. Complaints should be made

in writing, identify the provisions of the Code in question, and provide

an explanation for the basis of the complaint. The advertisement and/or

marketing materials in question should be appended to the complaint to

ensure that it is processed properly and expeditiously.

b. Complaint Submission. Complaints and any questions about the Code

and any particular advertisements or marketing materials should be sent

to the DISCUS Code Review Board, c/o DISCUS Code Staff Liaison at

1250 Eye Street, N.W., Suite 400, Washington, D.C. 20005 or emailed to

DISCUSCode@distilledspirits.org.

2. Complaint Review and Action

a. Receiving Complaints. All complaints involving advertising or marketing

materials of the distilled spirits, beer, and wine brands marketed by a

DISCUS member company and distilled spirits products of a nonmember

Code Review Board and Complaint Process

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

company are forwarded to the DISCUS Code Review Board for their review

and consideration. All complaints are processed anonymously, and the

identity of the complainant is not disclosed.

b. Advertiser Notification and Response. Upon receipt of a complaint,

the Code Review Board staff liaison notifies the advertiser and invites the

advertiser to (1) respond to the complaint, and (2) participate in the Board's

review of the complaint to answer any questions. DISCUS members are

expected to respond forthwith. Non-DISCUS members have 15 business days

to respond.

c. Complaint Evaluation. The Code Review Board convenes to consider

the complaint and the advertiser's response and will then deliberate and

render a decision. When practicable, the Code Review Board proceeds in

its deliberations within a week for DISCUS member company complaints

and shortly after the 15 business day deadline for non-DISCUS member

complaints, even when the advertiser has not responded.

d. Code Review Board Decision. The advertiser is notified of the Board's

decision and, if a violation has occurred, the Board urges the advertiser to

revise or withdraw the advertisement forthwith. The Board is available to

answer questions or assist with compliance.

3. Public Code Review Board Reporting

a. The Code Review Board publishes decisions summarizing the complaint and

the advertiser’s response on the DISCUS website when rendered.

This process is reviewed periodically and may be revised when warranted.

Code Review Board and Complaint

Process

Distilled Spirits Council of the United States

CODE OF RESPONSIBLE PRACTICES

[A] Outside Advisory Board

DISCUS has established an Outside Advisory Board to provide confidential guidance

on Code compliance. Members of the Advisory Board have extensive experience related

to responsible advertising.

1. Confidential Guidance on Code Compliance. On a voluntary, nonbinding,

and confidential basis, beverage alcohol industry member advertisers can seek

the guidance from the Advisory Board related to any questions about Code

compliance.

2. Complaint Adjudication Guidance. These Outside Advisors also will be

contacted for their respective opinion if the Code Review Board cannot arrive at a

majority decision about a particular advertisement or marketing material.

3. Advisor List and Contact. The names and biographical information of the

Outside advisors are published on the DISCUS website. To contact the advisors,

submit a request to DISCUSCode@distilledspirits.org.

[B] Training Seminars

To increase awareness of the Code and current best practices in complying with its

provisions, DISCUS conducts periodic training seminars, such as our Best Practices

“Media Summits,” for both DISCUS member companies and non-DISCUS member

companies, as well as their respective advertising agencies, media buyers, and other

external consultants.

These training seminars focus upon the challenges, opportunities, and Code compliant

tools in evolving social media platforms, including discussions on the latest marketing

technologies (mobile marketing, mobile apps, programmatic media buying, and

beyond), as well as demographic data tools to meet the DISCUS Code’s placement

standard.

Current DISCUS Code training materials can be accessed on the DISCUS website.

[C] Other Code Guidance Documents

To provide further guidance on complying with the Code tenets and provisions

outlined above, DISCUS also has published Responsible Digital Marketing Guidelines

and Media Buying Guidelines. These guidelines are set forth below as appendices and

are also separately available on the DISCUS website.

Code Guidance and Training

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CODE OF RESPONSIBLE PRACTICES

A - 1

Appendix A

Responsible Digital

Marketing Guidelines

Introduction

Scope

These Guidelines for responsible digital marketing

communications are an integral part of the Distilled Spirits

Council’s Code of Responsible Practices for Beverage Alcohol

Advertising and Marketing and should be read in conjunction

with its provisions.

DISCUS members recognize the increasingly important role

of digital marketing and believe it provides valuable and

appropriate tools to reach adult consumers. As an extension of

the commitment to market brands responsibly to adults and

to respect their privacy, the following principles have been

developed to guide responsible digital marketing.

Digital marketing activities are constantly evolving and new

trends occur rapidly. This Guidance will therefore be

reviewed regularly and updated as necessary.

These Guidelines apply to branded digital marketing

communications (paid and unpaid), including, but not limited

to, communications on websites, such as social network sites

and blogs, as well as mobile communications and applications.

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A - 2

[A] Basic Principles

1. Digital marketing communications are intended for adults of legal purchase age.

2. 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 digital platform provides the ability to directly communicate to an

audience of legal purchase age individuals.

3. Direct interaction by the brand advertiser with a user should require age

affirmation by the user prior to direct engagement with that individual.

4. User-generated content on a digital medium controlled by the brand advertiser

must be monitored and moderated on a regular basis.

5. Forwardable content should include instructions that such materials should not be

forwarded to individuals below the legal purchase age.

6. Digital marketing communications must respect user privacy.

7. Digital marketing communications and product promotions must be transparent

and overtly identified as brand marketing.

[B] Definitions and Guidance to Implement Principles

1. Direct Interaction is a two-way communication between the user and the brand

advertiser on a digital medium controlled by the brand advertiser. It occurs when

the brand advertiser directly interacts with an individual user, such as responding

to a direct communication from the individual user.

2. Age Affirmation is a process or a mechanism by which users provide their full

date of birth (month, day, and year) to affirm they are of legal purchase age. Age

affirmation mechanisms may vary depending upon available technology and

examples could include, among other things, an age affirmation page, an email or

instant messaging age affirmation, or the use of a site’s “registered user” database

of legal purchase age adults.

If a user enters a date of birth that indicates they are under the legal purchase

age, access to a member-controlled website should be denied and visitors

should receive an appropriate message or directed to an information website

Responsible Digital Marketing Guidelines

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CODE OF RESPONSIBLE PRACTICES

A - 3

on responsible drinking, such as those found at The Foundation for Advancing

Alcohol Responsibility’s website (http://www.responsibility.org).

3. User Generated Content (UGC) is material (including text, pictures, audios,

and videos) that has not been created by the brand advertiser, but by a user.

UGC that appears on a digital medium controlled by the brand advertiser should

be monitored each business day when possible, but, at a minimum, every five

business days. When content is determined to be inappropriate, the inappropriate

material should be removed promptly. A disclaimer should appear saying that

all inappropriate content generated by users will be removed from any digital

medium over which the brand advertiser has control.

4. “Forwardable” Content is any branded digital content that is designed or

enabled to be shared, such as with a share, download, or email “button click.”

5. Social Responsibility Statements should be included in all digital marketing

communications where practicable.

6. Privacy Policies govern the collection of personal information from adults of

legal purchase age and encompass any direct digital marketing or advertising

whether conducted through a social networking site, website, or other digital

platform and must ensure the following:

i) Legal Age Users Only. User information can only be collected from those

individuals who are of the legal purchase age. Prior to the collection of any

information, the brand advertiser will require that individual to affirm that

they are of legal purchase age.

ii) Opt-In and Opt-Out. The brand advertiser shall employ a mechanism for

a user to “opt-in” before receiving a direct digital marketing communication

and provide a mechanism to “opt-out” and discontinue receiving such direct

communications.

iii) Collection and Use Notice. Clear information must be provided about

collection and use of personal data.

iv) Privacy Statement. Users should be encouraged to read the privacy

statement before submitting their information.

v) Data Security. Measures will be taken to keep user information secure and

protected from loss or theft.

Responsible Digital Marketing Guidelines

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CODE OF RESPONSIBLE PRACTICES

B - 1

Appendix B

Responsible Media

“Buying” Guidelines

Introduction

Set forth below are the DISCUS Code “buying” guidelines re-

lated to the placement of advertisements in all mediums (e.g.,

TV, radio, magazine, newspaper, internet/digital communi-

cations, podcasts) and the requirement for semi-annual,

random, after-the-fact audits (post audits) of placements to

meet the demographic standard where at least 73.8% of the

audience is reasonably expected to be 21 years of age or older

(the legal purchase age audience composition, hereinafter

LPA). These guidelines also address the placement of

marketing materials directed to LPA+ adults via

programmatic media buying.

It should be noted that while demographic data is generally

one of the best tools available for reliably measuring the age

composition of an audience, the collection of data for down-

loadable applications and podcasts remains limited.

Specifically, current technology for measuring demographics

for downloadable applications and podcasts identify the

individual downloading the application, which may not be the

user in some instances. Accordingly, demographics alone are

not sufficient for ensuring the requisite LPA+ audience

composition for downloadable applications and podcasts, and

these Guidelines include specific best practices to be applied

when placing advertisements in that medium.

These Guidelines will be reviewed periodically to ensure that

they reflect the most current and appropriate recognized elec-

tronic and print audience composition data.

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[A] Media Placement and the 73.8% LPA Standard

1. LPA Compliance Standard. A placement will be considered to be in compliance

with this LPA standard if:

i) The advertiser has a reasonable expectation, determined by using reliable, up-

to-date audience composition data, that the LPA audience composition will be

at least 73.8%;

• Note – Reliability of Downloadable Application And Podcast

Data: Collection of audience composition data for downloadable

applications and podcasts is limited. Accordingly, relying on this data

alone is not sufficient for these mediums and advertisers

must also comply with the specific best practices included below.

ii) The advertiser conducts internal, semi-annual, after-the-fact audits of a

random portion of past placements to verify that such placements were in

compliance with the 73.8% LPA audience composition standard; and

iii) The advertiser, upon learning of a non-compliant placement, takes

appropriate, corrective action for future placements.

2. Reasonable Expectations and Market Realities. A reasonable expectation

for meeting this demographic standard takes into account marketplace realities, the

medium, and available demographic audience composition data, including:

i) Recognition that a company’s media buys generally are determined prior to its

upcoming fiscal year for placement during the course of that fiscal year;

ii) Recognition that a company’s media buys rely upon historical demographic

data to estimate the future LPA+ audience composition; and

iii) Recognition of the availability and publication intervals of syndicated audience

composition data; for example, MRI TwelvePlus data are published annually

and Nielsen Audio data are published quarterly, whereas national broadcast

networks have the most frequently measured syndicated audience composition

data (national Nielsen data) thereby affording, among other things, more data

for advertisement placement and for more expeditious after-the-fact audits, as

compared to, for example, local (spot) TV and cable, as well as radio and print

media. Syndicated audience composition data, such as comScore or Nielsen

Online (formerly Nielsen//NetRatings), for internet/digital communications

also are published on a more frequent basis and are taken into account in these

guidelines for purposes of advertisement placement and post audits.

Responsible Media “Buying” Guidelines

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CODE OF RESPONSIBLE PRACTICES

B - 3

[B] Compliance Standards Per Medium

A placement will be considered appropriate when it complies with the Code and with

the media placement and audience composition data outlined below.

1. TV: Broadcast, Cable, and Syndication

i) Use of a syndicated data source: Purchase by program (or, if program specific

data are unavailable, by daypart/timeslot) using nationwide “2+” audience

composition data, such as national Nielsen data, based upon the last two

quarters of such data.

ii) For new programs, data for similar programs or time periods should be

referenced.

2. Radio

i) Scope: The radio buying guideline applies to all paid and bonus spots,

including rotators, negotiated and agreed upon mentions, liners, tags,

billboards, and any other type of announcement.

ii) Use of a syndicated data source: For audited radio stations, purchase by

daypart using the Average Quarter Hour (AQH) Persons measurement in

Nielsen Audio quarterly reports based upon the last two quarters of such data

(where seasonal fluctuations are evident, prior year data also should be taken

into account if available):

(a) Time periods in which radio spots may be placed shall be in the following

Nielsen Audio standard dayparts or other time periods as specified

below:

• AM Drive Monday thru Friday 6:00 a.m. - 10:00 a.m.

• Midday Monday thru Friday 10:00 a.m. - 3:00 p.m.

• PM Drive Monday thru Friday 3:00 p.m. - 7:00 p.m.

• Evening Monday thru Friday 7:00 p.m. - 12:00 midnight

• Monday thru Friday 12:00 midnight - 6:00 a.m.

• Sat. & Sun. 6:00 a.m. - 10:00 a.m.

• Sat. & Sun. 10:00 a.m. - 3:00 p.m.

• Sat. & Sun. 3:00 p.m. - 7:00 p.m.

• Sat. & Sun. 7:00 p.m. - 12:00 midnight

• Sat. & Sun. 12:00 midnight - 6:00 a.m.

Responsible Media “Buying” Guidelines

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B - 4

(b) More specific data than daypart can be used for audience composition

such as, for example, narrowing the a.m. drive hours from 6:00

a.m.-10:00 a.m. to 8:00 a.m.-10:00 a.m. to determine audience

composition.

also purchased, provided that each additional hour independently

satisfies the Code provision that 73.8% of the audience composition is

LPA+.

(d) Any period of two or more consecutive hours, provided that each hour

independently satisfies the Code provision that 73.8% of the audience

composition is LPA+.

iii) Unmeasured stations: If the station is not measured by a syndicated data

source (e.g., a new station or a station not measured by Nielsen Audio), data

provided by the station regarding the target listenership audience or audience

composition data from time periods for comparable stations in comparable

markets.

3. Magazines

i) Use of a syndicated data source: Purchase by publication using “12+”

audience composition data, such as MRI consolidated TwelvePlus data

(designed to allow analysis of “12+” youth and adult readership) or, if

unavailable, MRI “18+” data, based upon the last publication of such data.

ii) More specific data regarding audience composition also meet this standard,

such as subscription-only or a “21+” subscriber special edition of the

publication.

iii) Unmeasured magazines not of general circulation: If the publication is not

measured by a syndicated data source (e.g., a new publication or a publication

not measured by MRI), data provided by the publisher regarding target

readership audience or data for similar publications (see section D below for

“unmeasured magazines” intended for general circulation, including maiden/

new publications, even if it is, for example, a prototype of another magazine).

iv) Unmeasured magazines intended for general circulation: Magazines intended

for general circulation that are not measured by a syndicated data source,

such as MRI or Simmons, and have or are intended to have a subscriber base,

should have an independent measurement of their subscribers, which meets

the criteria outlined in this section.

Responsible Media “Buying” Guidelines

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B - 5

a) A demographic survey of subscribers should be conducted periodically

for established magazines and for new magazines before consideration

of an advertisement placement (and again for new magazines once the

subscriber base has stabilized, for example, after initial subscribers have

had an opportunity to renew).

b) Survey of magazine subscribers must be conducted by an independent

third party research company using established research methods, such

as the ABC Subscriber Study Audit requirements.

c) Survey supplier and date survey was conducted must be identified.

d) Sample should be at least 300 in-tab (tabulated) respondents with the

sample frame fully reported,

e) Sample must be pulled on an nth name basis from all eligible names on

the publication's full subscriber file for U.S. only. No complimentary

copies, international, business addresses, demographic, or regional

edition splits (unless these copies are also used for the advertising).

f) Subscribers, not other household members, should be asked to fill out

and return the survey.

g) Actual age, year of birth, or check off for appropriate bracket of age are

acceptable, as long as the age bracket identifies 21 as a starting point (for

example, 21-34 versus 18-24).

h) Upon the receipt of the independent demographic survey, a potential

advertiser will evaluate the audit in conjunction with other factors prior

to purchasing an advertising placement, such as the content of the

magazine, similar or comparable publications, the “pass along” rate and/

or circulation distribution of similar or comparable publications.

4. Newspapers

i) Scope: This guideline applies to all paid and bonus placements in the print

editions of daily, Sunday, and weekly newspapers intended for general

circulation that have or are intended to have a subscriber base, including

advertising supplements, magazine sections, and other forms of advertising

added to or delivered with newspapers.

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ii) Use of a syndicated data source: Prior to the purchase of print advertisements

in newspapers distributed nationally, regionally or locally, review audience

composition data utilizing an audience measurement source recognized by

the advertising industry (such as, but not limited to, Scarborough Research

and Mediamark Research, Inc.). Data for the most recent rating period

available should be reviewed to determine that placements are reasonably

expected to meet the demographic standard.

iii) Unmeasured newspapers: If the newspaper is not measured by a syndicated

data source (e.g., a new newspaper or a newspaper not measured by

Scarborough Research or Mediamark Research, Inc.), use target readership

audience or subscription data provided by the publisher and/or data for

similar newspapers.

5. Internet and Digital Advertisements

i) Scope: The internet and digital buying guidelines apply to all paid and unpaid

(including value-added) placements made by or under the control of the

advertiser, including advertising on third-party websites, video

advertisements, audio mentions, internet banners, pop-ups, sponsorships,

user-generated content (including blogs), influencers acting on behalf of

a brand advertiser, and other types of internet or digital advertising or

marketing.

ii) Placement may be made on sites that meet the demographic standard of the

Code where at least 73.8% of the audience is reasonably expected to be of LPA

+, or where marketing materials are directed to LPA+ adults by using

programmatic first, second, or third party data (regardless of composition of

site). See Programmatic Marketing Directed to LPA+ Adults section below.

iii) Use of a syndicated data source: Purchase or place using “2 +” syndicated

audience composition data, such as comScore or Nielsen Online, based upon

the most recent three-month site average of available audience data of unique

visitors (where seasonal fluctuations are evident, prior year data also should

be taken into account if available).

vi) An advertiser consistently will use one of these syndicated data sources as its

primary demographic measurement by brand and an alternate syndicated

data source will be used only when the advertiser’s primary source does

not measure that particular medium. Given that the methodologies and

measurements of internet and digital media are evolving, these guidelines will

be reviewed as further developments warrant and, if appropriate, revised

accordingly.

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6. Social Media Platforms

i) Scope: The social media platform buying guidelines apply to all paid and

unpaid (including value-added) placements made by or under the control of

the advertiser on social media platforms. Please refer to the

Responsible Digital Marketing Guidelines for additional guidance for

social media platform placements. See Appendix B.

ii) Digital marketing communications on social media platforms should be

placed only where at least 73.8% of the audience is reasonably expected to be

of the legal purchase age, or where the platform provides the ability to directly

communicate to an audience of legal purchase age individuals.

iii) If relying on the 73.8% demographic standard for placement, the advertiser

shall employ the use of a syndicated data source and purchase or place using

“2 +” syndicated audience composition data, such as comScore or Nielsen

Online, based upon the most recent three-month site average of available

audience data of unique visitors.

7. Unmeasured Digital Media - Independent Measurement

i) If the digital medium is not measured by a syndicated data source, prior

to purchasing or placing an advertisement or any marketing materials, the

advertiser shall obtain from the publisher of the medium an independent

demographic survey based upon the most recent three-month site average of

available audience data of unique visitors conducted by a third-party research

company using established research methods.

ii) More specific data to meet the demographic standard: Where the average of

the syndicated audience composition data or an independent third-party

survey over the three-month time period (as described in subsection iii above)

does not show a 73.8% LPA+ demographic, the advertiser can use the

website’s “registered user” database to place their advertising or marketing

materials to users 21 years of age or older if the website has that capability.

iii) Unmeasured medium with a “registered user” database: If the digital medium

is not measured by a syndicated data source or an independent third-party

survey, but has a “registered user” database that can link a user to an age, the

advertiser can use the website’s “registered user” database to place its

advertising or marketing materials to LPA+ users.

iv) “Limited edition” websites: For “one-time” only, event-specific, or other

similar websites, the advertiser shall review and evaluate comparable

websites, the proposed content of the website in question, data provided by

the publisher regarding the target audience, and any other relevant factor

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to project a reasonable expectation of the demographic audience prior to

purchasing or placing an advertisement or any marketing materials.

8. Programmatic Marketing Directed to LPA+ Adults

These provisions apply to placements targeted directly to LPA+ adults by using

programmatic first, second, or third party data substantiating the age of those

individuals (regardless of the demographic composition of site, app, or medium).

Note: The provisions outlined in this section are not applicable to social media

platforms that provide in-house tools to directly communicate to an audience of

legal purchase age individuals. And, given the limitations of demographic data for

downloadable applications and podcasts, any programmatic marketing in these

mediums must also comply with the best practices outlined in the Downloadable

Applications and Podcast sections included below.

i) Data Usage and Validation: data utilized for programmatic placements should

adhere to the following usage and validation best practices.

a) The data provider should validate their audience demographic data

against at least one additional deterministic data set (e.g., first, second,

or third party audience data) for the age of the individuals receiving the

advertising execution;

• Deterministic Data Explanation:

• First-party data is generally data about your audience

that you collect directly from them (e.g., data from your

website).

• Second-party data is generally data that an organization

(e.g., Google Analytics, Facebook, or Amazon) collects

straight from its audience and then sells directly to

another company. This data is, in essence, that

organization’s first-party data since they gather it directly

from their audience and it may include data from activity

on websites, apps and social media, in-store purchase

history, survey responses, and more.

• Third-party data is generally data that an aggregator (e.g.,

Oracle Data Cloud, SalesForce Marketing Cloud, or

Acxiom) collects from various sources and sells as a

package.

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b) The data provider should be a member of or abide by the guidelines of

an accredited third party such as the Media Ratings Council, Digital

Advertising Alliance or Interactive Advertising Bureau; and

c) Data should be refreshed and/or audited/validated as appropriate, for

example, in 30-day intervals.

i) Contextual Targeting: When feasible and reasonably accessible, contextual

targeting technology should also be employed to further validate LDA+ data, as

outlined in the best practices below.

a) In placing programmatic media buys, the Data Service Provider should

adhere to its technical capabilities utilizing contextual/content filters;

b) Contextual/content filters should ensure compliance with the

Responsible Content Provisions of the DISCUS Code; and

c) If feasible and appropriate, measurements should be followed to

maximize LPA+ placements, such as use of Nielsen’s Digital Ad Ratings

or comScore’s validated Campaign Essentials.

9. Downloadable Applications

In light of the current limitations in demographic data collection for downloadable

applications, each application should be reviewed through one or more of the methods

listed below to ensure that advertising placements meet the requisite LDA+ audience

composition. Specifically, advertisers shall review content and avoid placements on

applications that primarily appeal to an underage audience. A review to evaluate the

content should be conducted prior to placement and, if applicable, periodically

thereafter for the remainder of the placement, no less frequently than once every 90

days. Review methods include, but are not limited to, one or more of the following:

i) Manual review of content to identify and exclude any applications that

primarily appeal to an underage audience;

ii) Review using technological programs and tools capable of identifying content

that primarily appeals to an underage audience; and/or

iii) Review using an Inclusion List, Exclusion List, or both, as appropriate during

the advertisement placement process, to either (a) specifically approve

placement on applications that are reasonably expected to primarily appeal to

legal drinking age individuals, and/or (b) exclude placement on applications

that may primarily appeal to an underage audience.

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10.

Podcasts

i) Scope: This guideline applies to all paid and unpaid (including value-added)

podcast placements made by or under the control of the advertiser.

Placements may be made on podcasts that meet the demographic standard of

the Code where at least 73.8% of the audience is reasonably expected to be of

LPA+.

ii) Use of a syndicated data source: Prior to the purchase of advertisements on

podcasts, review audience composition data utilizing a recognized audience

measurement source, such as survey-based demographic data provided by

Scarborough Research and Edison Research, or digital audience composition

data, such as provided by comScore or Nielsen Online that is based upon the

most recent three-month average of available audience data of unique

listeners (where seasonal fluctuations are evident, prior year data also should

be taken into account if available).

iii) Unmeasured podcasts: If the podcast is not measured by a syndicated data

source, use target listenership audience data provided by the publisher and/or

obtain from the publisher an independent demographic survey based upon

the most recent three-month average of available audience data of unique

listeners conducted by a third-party research company

using established research methods.

iv) Content review requirement: Similar to downloadable applications, utilizing

digital audience composition data alone is generally not sufficient for podcast

placements given current technological limitations. The one exception is the

utilization of survey-based podcast demographic data, which is a reliable

indicator of LPA+ and does not require an additional content review. Any

podcast for which survey-based demographic data is not available, however,

requires a review of content to avoid placements on applications that

primarily appeal to an underage audience.

Content reviews should be conducted prior to placement and, if applicable,

periodically thereafter for the remainder of the placement, no less frequently

than once every 90 days. Review methods include, but are not limited to, one

or more of the following:

a) Manual review of content to identify and exclude any applications that

primarily appeal to an underage audience;

b) Review using technological programs and tools capable of identifying

content that primarily appeals to an underage audience; and/or

Responsible Media “Buying” Guidelines

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CODE OF RESPONSIBLE PRACTICES

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c) Review using an Inclusion List, Exclusion List, or both, as appropriate

during the advertisement placement process, to either (a) specifically

approve placement on applications that are reasonably expected to

primarily appeal to legal drinking age individuals, and/or (b) exclude

placement on applications that may primarily appeal to an underage

audience.

[C] Post Audits

1. Semi-Annual Audits. On a semi-annual basis, advertisers should conduct

internal, after-the-fact audits of a random portion of past placements to verify that

such placements comply with the 73.8% LPA audience composition standard.

2. Post Audit Compliance. A past placement will be considered appropriate where

data published or supplied for the quarter in which the placement ran or

subsequent to the placement show an audience composition that complies with the

Code.

3. Post Audit Corrective Measures. In the event that the post audit indicates

that the placement did not meet the LPA demographic standard, the advertiser

will, as soon as practicable, make schedule adjustments, cancellations, or other

appropriate changes to comply with the standard in future placements.

Responsible Media “Buying” Guidelines