What are requirements for age-restricted content (alcohol, gambling)?

Sending marketing emails for an alcohol brand, a gambling operator, or a cannabis company isn't just a matter of writing good copy. There's a whole layer of legal and platform-level rules sitting between your campaign and the inbox, and they vary by country, state, and ESP. Here's what you need to know before you hit send.

Age verification at signup

Most jurisdictions require you to verify a subscriber's age before they join your list, not after. That usually means collecting a date of birth at signup and blocking anyone who doesn't meet the legal threshold. A checkbox that says "I confirm I am 18+" is generally not enough on its own. It's unverifiable and increasingly scrutinized by regulators in the UK, EU, and US.

What your email content must include

Specific disclaimers are often legally required, not just best practice. Common ones include:

• Alcohol: "Drink Responsibly," "18+ only" or "21+ only" (jurisdiction-dependent), sometimes a link to responsible drinking resources
• Gambling: "18+ only," "Gamble Responsibly," a link to problem gambling helplines (GamCare in the UK, NCPG in the US), and often a note about self-exclusion tools
• Cannabis: Age gate, state/country restrictions, sometimes a disclaimer that the product isn't FDA-approved

These need to be clear and conspicuous, not hidden in a footer in 8px grey text.

Content that targets minors

Even if your list is age-gated, regulators look at whether your creative could appeal to people under the legal age. Cartoon imagery, influencer content aimed at young audiences, and language that mimics youth culture have all been flagged in enforcement actions. The standard isn't just "did a minor receive it," it's "does the content appeal to them."

Geographic targeting

But You can't promote gambling services to residents of jurisdictions where you're not licensed. That applies to email too. If you operate in some US states but not others, you need suppression logic that filters subscribers by location. The same goes for cannabis, which is federally illegal in the US regardless of state law, and varies widely across the EU.

ESP policies are separate from the law

But this is the part that catches a lot of senders off guard. Your legal team might clear a campaign, and your ESP might still refuse to send it. Mailchimp prohibits gambling content outright on their standard plans. Brevo and Mailchimp both have restrictions on cannabis. Some ESPs require documentation of your license before they'll let you send alcohol or gambling campaigns at all.

Before building your entire campaign workflow in an ESP, check their acceptable use policy. Finding out they won't send your content after you've migrated your list is a painful way to learn this lesson.

A quick pre-send checklist

• Age gate verified at signup (not just a checkbox)
• Required disclaimers visible in the email body, not just the footer
• Suppression list for restricted jurisdictions in place
• Creative reviewed for minor-appeal signals (imagery, language, tone)
• ESP acceptable use policy confirmed for your category
• Responsible use resources linked where required

If you're unsure whether your setup ticks all of these, it's worth a conversation with someone who's seen these campaigns before. Our SOS hotline is free and we don't upsell (we promise).