US FEDERAL REGULATION
HEIDI MCNEIL STAUDENMAIER
Partner Coordinator of Native American Law & Gaming Law Services
self-regulation is not possible, the best approach for all stakeholders is incremental regulations targeting narrow policy concerns. The Ohio “free” and “risk-free bets” prohibition – the first successful policy of its kind in the United States – took effect January 1, 2023. Since that time, multiple states adopted a similar policy and sportsbooks made a nation-wide change to such language. Now the advertisements say things to the effect of, “Get up to $1,000 paid back in bonus bets, if you don’t win.” Moreover, on March 28, 2023, the American Gaming Association (“AGA”), which represents the United States casino industry, including commercial and tribal casino operators, sports betting and iGaming companies, gaming
suppliers and other affiliated entities, updated its “Responsible Marketing Code for Sports Wagering.” 30 Members of the AGA are required to follow the Code to stay in good standing. Among other things, the Code bans sportsbooks from partnering with colleges to promote sports wagering, bars payments to college and amateur athletes for using their name, image or likeness, and ends the use of the terms “free” or “risk-free” to describe promotional bets. If the sports betting industry, as a whole, is able to take control of the narrative and determine a workable path to responsible advertising, such actions could short circuit the federal government’s desire to push for sweeping legislation like the Betting on Our Future Act.
KATE POKORSKI Attorney, Corporate and Securities practice group and Sports and Entertainment Industry Group Snell & Wilmer, L.L.P For information contact +1 602.382.6598 kpokorski@swlaw.com
30 Responsible Marketing Code for Sports Wagering, AMERICAN GAMING ASSOCIATION (Mar. 28, 2023), https:// www.americangaming.org/responsible-marketing-code-for-sports-wagering/.
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