The American Gaming Association’s Responsible Marketing Code for Sports Wagering is the nation’s highest non-legislative code of conduct related to sports betting advertising.

As the primary trade association representing the US casino industry, which includes sports betting operators and their land-based partners, the AGA has significant influence over the direction of legal sports betting.

In its own words, the AGA introduced the Responsible Marketing Code in 2019 because its “members’ top priority has been getting the expansion of legal sports betting right, including advertising… building on the AGA’s longstanding Responsible Gaming Code of Conduct.”

What the Responsible Marketing Code Entails

American Gaming Association members agree to promote sports betting responsibly by adhering to the Responsible Marketing Code’s six fundamental tenets.

Readers can . Below are BettingUSA’s summaries of its six core tenets.

1. Respecting the Legal Age for Sports Betting

These age-related rules ensure all sports betting marketing is targeted exclusively to adults 21 and older.

• Requires that advertising content, placement, and messaging avoid appealing to underage audiences
• Specific measures include requiring all models and influencers to be at least 21, placing advertisements only in media where at least 73.6% of the audience is 21+ (this number derives from on the percentage of US adults who are 21+)
• Restrict promotional merchandise distribution to ensure it reaches only legal-age audiences

2. Limiting College and University Advertising

The Responsible Marketing Code establishes clear boundaries around college-related advertising.

• Prohibits sports betting promotion in college-owned media assets or on campus properties
• Bans advertising in college newspapers, radio broadcasts, and television programming

Additionally, while partnerships with universities are permitted for responsible gaming education and problem gambling awareness through alumni networks, the code explicitly prohibits name, image, and likeness (NIL) deals with amateur athletes.

3. Supporting Responsible Gambling

This tenet requires all marketing communications to include responsible gaming messages and helpline numbers where practical.

• Explicitly prohibits messaging that suggests gambling leads to social or financial success, eliminates risk, or offers solutions to financial problems.
• Prohibits “risk-free” language and any promotion of irresponsible betting behaviors like chasing losses

4. Controlling Digital Media and Websites

This tenet outlines comprehensive digital safety measures.

• Requires operator-controlled websites and apps to implement age verification systems, geolocation technology, and responsible gaming resources
• Mandates regular monitoring of user-generated content and requires clear privacy policies regarding data sharing
• Digital marketing must respect user privacy, include clear sender identification, and provide opt-out options
• All digital platforms must display legal age requirements and responsible gaming information prominently

5. Maintaining the Code

The AGA is committed to keeping the code current through annual reviews to ensure it evolves alongside the legal sports betting marketplace.

• Updates to the code follow a structured process, including specified effective dates, reasonable implementation timelines, and broad communication of changes
• New guidelines apply only to future marketing efforts rather than retroactively affecting existing campaigns.

6. Monitoring Code Compliance

This final tenet establishes the framework for implementation and oversight.

• The code’s commitments extend to all entities operating in partnership with or as agents of sports betting operators
• AGA members must provide regular training on code provisions to employees involved in advertising and marketing
• Members must share the code with third-party partners like advertising agencies and media buyers
• Members must implement internal review processes to evaluate marketing compliance and conduct periodic assessments

Marketing Code Partially Inspired by Other Industries

In a , Sara Slane, the AGA’s VP of Public Affairs, explained that the Responsible Marketing Plan was partially inspired by other adult-oriented trade groups, such as the US brewing industry’s Beer Institute.

These groups traditionally refrain from advertising anything that suggests breaking the law (e.g., drinking and driving) or excessive consumption.

“We’re center stage now with sports gambling,” Slane said. “We want to be thoughtful with how we go about doing that.”

Slane said the code is meant to position the AGA well for the future of gaming.

“We want to be thought of as ahead of the curve,” she added.

Learning From The Past

The relationship between the AGA and sports betting that necessitated this code stems from the AGA’s position as the industry’s leading advocate for responsible gaming practices.

In short, the AGA created this code proactively to demonstrate the industry’s commitment to responsible growth and to establish consistent standards before problematic marketing practices could take root in the newly legalized sports betting market.

This was particularly important given the mistakes that daily fantasy operators made early in the DFS craze.

Slane also expressed a desire to help sports betting operators avoid the same marketing mistakes that DraftKings and FanDuel made in 2016.

The State of New York sued both operators in 2016, alleging their advertising campaigns deliberately misled consumers. DraftKings and FanDuel paid $6 million each to settle the lawsuit and suffered long-lasting reputational damage in the process.