Posts Tagged: Advertising

Opening Day Edition: Beer Advertising and Sports

Today (March 29) is baseball’s opening day and beer and baseball are in the news.  The New York Yankees appear to be in trouble for their new “Pinstripe Pilsner” which has an image of your favorite Yankee player in the foam.  But those of you wanting to take a sip of Aaron Judge’s mug may have to wait, since MLB does not allow current players on beer advertising.

Beer has been linked with baseball for as long as baseball has existed.  In fact, the original Cincinnati Redstockings left the National League in 1881 when its brewer-owner refused to sign a “no beer at the ballpark” pledge.  Today, there are still calls to take the suds out of sports.  But knowing the current do’s and don’ts of sports advertising will help you stay a-head of the game. (more…)

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Are We Saying Goodbye to the Beer Babe?

The #MeToo movement has produced constant headlines and has helped positively change corporate culture. Is it possible for its breadth to include beer ads? Sexist beer ads have traditionally been the norm. Give a scantily clad gal a beer bottle, have her hold it to the camera, give a seductive wink, and voilà, you’ve created a beer ad. You may laugh but take a look at the Miller “Service With a Smile” ad depicting a girl in a bathing suit working under a car.  Or the Schlitz ad featuring a Playboy Playmate and its new “Tall Boy” can with the line, “Here’s to Big Cans!” Or perhaps the raunchiest ever, the Falstaff Beer ad with a pic of the can next to the girl, “Beer v. Girl. At least the beer cannot change its mind once you get its top off.” (more…)

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Social Media is an (age) gated community

Few brewers would dream of serving someone in their brewery or tasting room without checking an ID to ensure that all the craft beer lovers in the room are of legal drinking age.  When it comes to their virtual breweries and tasting rooms, however, there appears to be a bit of laxness in ensuring that everyone is age appropriate.   The problem with ignoring the age of virtual visitors is that Marketing and Advertising Codes issued by industry associations require age gates for websites and on social media. Age gates are also recommended by the Federal Trade Commission (“FTC”).

Most craft breweries have age gates on their websites, but many are ineffective and fail to meet the Marketing and Advertising Code or the FTC’s recommendations.  There are, with some variations, three basic types of age gates for websites.  First, there are what I would call passive age gates.  These simply state that by viewing the website the viewer agrees or acknowledges that he or she is 21 or older.  It is often at the bottom of the page or another location where it is easily missed or ignored.  Second, are age gates that require some interaction, but nothing more than a simple click.  These have a popup or landing page that ask whether the viewer is at least 21, requiring the user to click on “yes” or “no” to enter the website.  Obviously, if the viewer wants to get into the website, he or she will click yes regardless of age. Third, are age gates that actually require the underage user to do some math to gain entry.  While a diligent viewer will figure it out, these age gates require a bit more of the user than simply opening the webpage or clicking “yes.”  Instead, the user is required to enter his or her date of birth – and that date of birth must be at least 21 years earlier – before gaining access to the website. (more…)

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Brewers Association Marketing and Advertising Code Update: A beer by any other name doth taste as hoppy

Coming up with the recipe for your new brew is only half the battle, you also have to come up with a creative name and label. While we’ve discussed protecting your brand through trademarks in previous posts, brewers should also be aware of the revised Brewers Association Marketing and Advertising Code. In an article for Craft Brewing Business, attorney Jonathan Dunitz discusses recent amendments to the Code that aim to avoid the use of potentially offensive names and labels and advance the Association’s goal of increasing diversity in the craft beer industry. While the Code’s limitations on offensive content are new, the issue dates back much further with varying viewpoints on the issue. (more…)

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Deceptive Marketing Lawsuits Against Alcoholic Beverage Industry on the Rise

The number of lawsuits against alcoholic beverage manufacturers for alleged deceptive marketing grew again this past December, with both Guinness and Foster’s Beer facing new lawsuits in federal court. In Massachusetts, a consumer filed suit against Guinness alleging that the company improperly advertised that “all Extra Stout sold in North America is brewed in Ireland at historic St. James’ Gate Brewery in Dublin.”

In New York, a consumer filed a suit alleging that Foster’s marketing implied that the beer was brewed in Australia, based on its advertisements that featured actors with Australian accents and its slogans “Foster’s, Australian for Beer” and “How to Speak Australian.” Foster’s moved its brewing operations to Fort Worth, Texas in 2011, and a “misled” consumer is seeking compensation from Foster’s. (more…)

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