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Can I offer a free trial for my product or service in West Virginia? What are the requirements?

Offering a Free Trial in West Virginia

Based on the information provided in the context documents, there are no specific regulations in West Virginia regarding offering a free trial for a product or service. Therefore, you may offer a free trial without any specific requirements [2.1].

However, if your product or service is alcoholic liquor, there are regulations that apply. A distillery, mini-distillery, or micro-distillery may offer free complimentary samples of alcoholic liquor manufactured at the distillery’s licensed premises. The samples must not exceed the moderate quantities of three, one-ounce servings of liquor, per customer, per day. The distillery, mini-distillery, or micro-distillery shall not operate a bar or sell, provide, or furnish other liquor, wine, beer, nonintoxicating beer, or nonintoxicating craft beer and shall not be licensed as a private club, private wine restaurant, tavern, or any other license permitting on-premises consumption, except for free-complimentary samples. Prior to permitting any on-premises liquor sampling, a distillery, mini-distillery, or micro-distillery shall verify that each person being served, furnished, or consuming samples are 21 years of age or over and are not noticeably or visibly intoxicated at any point during the consumption of on-premises samples. The retail price charged by a distillery, mini-distillery, or micro-distillery for off-premises retail sales of alcoholic liquor manufactured at the distillery, mini-distillery, or micro-distillery may not be less than 110% of the wholesale cost of the product as contained in the Commissioner’s Wholesale Spirits Catalog which sets the uniform price (in accordance with W. Va. Code §60-3A-17) to a retailer. Retail sales of alcoholic liquor manufactured at the distillery, mini-distillery, or micro-distillery are for off-premises personal consumption by the purchaser and resale by the purchaser is prohibited. Free complimentary samples consist of the alcoholic liquor only, and samples shall not include mixers or be sampled, advertised, or marketed as mixed alcoholic drinks. Alcoholic liquor samples must all be free and complimentary and shall not be sold by the distillery, mini-distillery, or micro-distillery [1.2].

In general, if you are offering rebates, inducements, or other discounts, you must disclose the terms of any rebate, inducement, or other discount offered in a clear and conspicuous manner and in writing. You must also disclose the fair market value of any rebate, inducement, or other discount offered in a clear and conspicuous manner and in writing. Additionally, you must offer the rebates, inducements, or other discounts only under the direct supervision and in the name of the responsible broker. No licensee may accept, give or charge any form of undisclosed compensation, consideration, rebate, inducement or other discount to a client or customer [2.1].

Conclusion

In summary, there are no specific regulations in West Virginia regarding offering a free trial for a product or service. However, if your product or service is alcoholic liquor, there are regulations that apply. If you are offering rebates, inducements, or other discounts, you must disclose the terms and fair market value of the offer in a clear and conspicuous manner and in writing, and offer them only under the direct supervision and in the name of the responsible broker.

Source(s):
Jurisdiction

West Virginia