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Old 04-10-2012, 03:30 PM   #1
DerekJ
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Default Business Advertising on Wine Bottle Label

Is it legal to advertise a small business on homemade wine bottle labels? The wine would be given away as gifts and absolutely not offered for sale or exchange. I have tried searching this topic here and google and can not find any information on the subject. My wife is a real estate agent and would like to give some of our wine to her clients as a closing gift. I would like to advertise her real estate services on the label but want to make sure that it is legal before I do so.


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Old 04-10-2012, 04:36 PM   #2
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I don't know the answer to your question but be sure it is ok at both a state and federal level, and that it does not fall into an inducement or ethical area with her real estate license either.


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Old 04-10-2012, 09:12 PM   #3
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Talk to a lawyer. Any info you get on this particular type of legal issue is to be taken with a grain of salt.
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Old 04-11-2012, 08:05 PM   #4
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I did this once for my business around 10 years ago. What I had to do was count the total bottles made, done 30. Then I had to document the time, day, month, year, and the names of whom I gave a bottle to. Then I had to collect their signature. I also think there is a limit on how many bottles someone can receive. Needless to say I kept the wine for personal use. Talk to your wife's business accountant, they will steer you in the right direction.
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Old 04-12-2012, 05:32 PM   #5
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Quote:
Originally Posted by CRZ View Post
I did this once for my business around 10 years ago. What I had to do was count the total bottles made, done 30. Then I had to document the time, day, month, year, and the names of whom I gave a bottle to. Then I had to collect their signature. I also think there is a limit on how many bottles someone can receive. Needless to say I kept the wine for personal use. Talk to your wife's business accountant, they will steer you in the right direction.
CRZ,

Thanks for the response. Unless I misunderstood your post, I think you are referring to the requirements for writing off the expense associated with the gift. While that would certainly be a nice benefit, I want to make sure I am not breaking any laws.
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Old 04-12-2012, 05:49 PM   #6
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You might want to check:

http://www.homebrewersassociation.or...atutes/indiana

http://www.in.gov/atc/

Like the others said, talk to a lawyer. I believe most states allow making beer and wine for personal use only. Some do make exceptions for competitions, tastings, etc. Giving a bottle of wine at closing sounds harmless. Advertising her business on the label doesn't.
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Old 04-12-2012, 08:37 PM   #7
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Thanks for that link Ginkings. That lead me to the actual state statute which pretty clearly states:
(4) The manufacture of wine or beer that is not offered for sale and is used only for the following purposes:
(A) Personal or family use.
(B) Use in the residence of the person who manufactures the wine or beer.
(C) Use at organized affairs or exhibitions.
(D) Technical or sensory evaluations.
(E) Wine or beer educational seminars.
(F) Wine or beer competitions, including contests, tastings, or judgings.

I think it is clear that this is not personal or family use and not an organized event. The way I read this, she is not permitted to give them the wine at all (even without the business advertising on the label). Oh well, it was a nice thought.


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