Makers and distributors of alcoholic beverages in the US are currently scrambling to find specialists in TikTok advertising. Unexpectedly, TikTok updated its advertising guidelines on 8 August 2024, without prior notice.
Liberalisation in the US and Canada - to an extent
Previously, TikTok classified alcohol—alongside hard drugs and firearms—as a "dangerous product," subjecting it to particularly strict regulations. However, alcohol advertising will be allowed in the US and Canada, provided that certain conditions are met. These include collaborating with a TikTok sales representative, ensuring that users under 25 are not targeted, and avoiding depictions of pregnancy. Additionally, excessive drinking, intoxication, or irresponsible behaviour under the influence of alcohol must not be shown. Alcohol cannot be portrayed as a reward, and consumption should not be promoted through discounts. A message promoting responsible drinking must also be included. Retail and e-commerce advertisements promoting alcohol sales or delivery services remain banned. And by the way, so are hangover relief products.
However, one crucial point has been overlooked amidst all the enthusiasm. The new rules apply exclusively to the advertising of your own brand. They do not extend to third-party advertising. In the TikTok universe, this falls under the Policies for Branded Content, which so far have not been adjusted. This means that influencers—anyone who advertises on behalf of others and is paid for it, or otherwise receives an incentive—must still adhere to stringent prohibitions when it comes to alcohol. In a nutshell, this means: no advertising for alcoholic drinks, alcohol clubs, devices for making alcohol, or events sponsored by the alcohol industry.
Advertising ban in other countries
In other countries, stricter regulations still apply. These are hidden in the general terms and conditions of the service: In Germany, for example, specific rules apply to the promotion of events, venues, and accessories. Then, there is a section titled "The following is not permitted," which TikTok interprets as a ban on advertising alcoholic beverages. But the restrictions don't end there—non-alcoholic drinks marketed as alternatives are required to follow the same restrictions.
TikTok is growing up
The reasoning behind TikTok's policy change can be traced back to the American advertising code for the beer, wine, and spirits industry. According to this code, alcohol advertising is only permitted in media where at least 73.8% of the audience has reached the legal minimum age of 21. It seems that TikTok has now met this requirement. Thanks to its rapidly growing user base, TikTok is likely the newest social media platform to reach the threshold.
In other countries, users are also getting older. Let's take another look at Germany: According to a 2022 study by the public broadcaster ARD, only 35% of TikTok-users were under the age of 19. TikTok, which was long considered a platform for young people, has matured. Will it also become an increasingly interesting marketing platform for the wine industry outside of the USA and Canada in the future?
This article has been updated on August 14th, 2024.
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