Ad Restrictions Gain Momentum

Gambling advertising bans are spreading around the globe, and with the SAFE Bet Act and state efforts, it could become THE issue of 2025.

During an appearance on the Straight to the Point Talking Shop Podcast, Joe Brennan Jr., one of the architects of New Jersey’s efforts to repeal PASPA and the state’s sports betting law, talked about his one regret:

“… the one big regret I have about our effort in New Jersey for legalization was that we did not spend the time on what may happen with marketing.

“And the reason we didn't wasn't because we were unaware of it. It was because, at the time, casinos and lotteries were heavily regulated by the states on how, where, and when they could advertise their product. And when PASPA was overturned, they opened this up; I don't know how they got a pass on that.”

That free pass has led to significant blowback, including the much-maligned SAFE Bet Act introduced earlier this month.

You can listen to my entire conversation with Joe Brennan Jr. here

The scope of the legislation is wide-ranging, but advertising restrictions are the centerpiece of the SAFE Bet Act.

The bill seeks to prohibit:

• Advertising from 8 AM to 10 PM and during live sporting events.

• The use of “odds boost” or similar offers, including advertising that contains the phrase “bonus,” “no sweat,” “bonus bet,” or any other similar term.”

• Information on how to place a sports wager or how sports wagers work.

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States Are Happy to Implement Ad Restrictions, Too

Advertising restrictions aren’t confined to the federal government, which is a strong argument against the SAFE Bet Act. Most of its recommendations (the decent ones, anyway) are already in place in legal sports betting states, and several states have existing restrictions that go above and beyond the SAFE Bet Act’s guidelines.

I could make the case that advertising restrictions spreading state-by-state are a bigger threat than the SAFE Bet Act, as up to 50 states having a go at restrictions provides more opportunities to mess things up.

And there is also the knock-on effect to consider.

For example, Illinois Gaming Board CEO Marcus Fruchter said the IGB considered “comparable jurisdictions” when it drafted its new guidelines, disproving the “What happens in Vegas, stays in Vegas” saying — at least regarding gaming regulations.

So, what do the new Illinois advertising restrictions do?

Per the new rules:

1. Must not directly advertise or promote sports wagering to individuals under 21 years of age;

2. Shall include problem gambling language materially consistent with the compulsive gambling text determined by rule by the Department of Human Services;

3. Shall state patrons must be 21 years of age or older to wager;

4. Shall not contain images, symbols, celebrity or entertainer endorsements, or language designed to appeal specifically to those under 21 years of age;

5. Shall not feature anyone who is, or appears to be, under 21 years of age;

6. Shall not be published, aired, displayed, or distributed in media outlets, including social media, that appeal primarily to individuals under 21 years of age;

7. Shall not be placed before any audience where the majority of the viewers or participants is presumed to be under 21 years of age;

8. Shall not imply greater chances of winning versus other licensees;

9. Shall not imply greater chances of winning based on wagering in greater quantity or amount; and

10. All direct marketing shall allow the option to unsubscribe.

As an aside, the new rules also prohibit revenue-sharing affiliate deals:

“No licensee may enter into an agreement with a third party to conduct advertising or marketing on behalf of, or to the benefit of, the licensee when compensation is dependent on, or related to, the volume or outcome of wagers.”

As Fruchter noted, the updated guidelines were designed to resemble the regulations in Massachusetts and Ohio, which are viewed as the strictest states for advertising and marketing. As I’ve mentioned many times, what starts in one state, particularly a state like Massachusetts, which is propped up as a gold-standard regulatory body, often spreads to others.

Ad Bans Around the Globe

Gambling advertising restrictions/bans aren’t a US phenomenon; they are becoming a global trend. In fact, I’d argue the US is way behind the curve on this front.

Recent developments include: