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Continued from Part 1 of 2 AJ’s next target is MGD beer. “Probably the most blatantly illegal advertisement came in early 2009, when a new beer called MGD 64 (boasting just 64 calories) sponsored an online fitness program…” With a claim like that it would be nice to know what makes it “illegal,” if not the imagery of “a thin, toned brunette in a party dress, smiling brightly as she showed off the beer-sponsored body that users could obtain if they joined.” With little analysis or evidence, AJ summarily concludes that the marketing is “patently false and misleading.” By contrast, in my opinion, if you are going to strip most of the calories and body away from a beer, down to a puny 64 calories, you darned well have the right to market it as only 64 calories (especially when the same amount of milk, apple juice or regular beer would have 2-3 times as many calories). The “Industry Watchdog” lays much of the blame for this sorry state of affairs at the feet of the industry’s failure to properly regulate itself:  “Finally, the most important reason for the breakdown in regulatory oversight is the continuing charade of voluntary self-regulation.” AJ says the industry has “created a system of codes, largely designed to...

We got to thinking that the much-ballyhooed swimsuit issue, published in Sports Illustrated every winter, might shed some light on trends in the economy, alcohol beverage advertising, and print advertising more generally. In the past, the swimsuit issue has been a prime place for beer and spirits advertising. This year’s issue is 178 pages, chock full of bikinis. Only 7.3 pages are devoted to alcohol beverage ads. This is nearly a 50% drop off from two years ago, when the economy (and print advertising) were flying a lot higher. A big part of this is due to one brand. Budweiser advertising was at seven pages in 2007 and down to a skimpy two pages in 2009. Almost all of the 2009 ads seem to be customized for the swimsuit edition. Back in 2007, it was about half and half. There is essentially no wine advertising in any of these three issues, and beer accounts for 2/3 while spirits are at about 1/3. Herewith, two of the better alcbev-centric ads tailored to this magazine.

The text on this Glenlivet Scotch ad may be hard to read, and is worth repeating. It says:

THE GLENLIVET was ESTABLISHED when SWIMWEAR was a lady’s SAFEGUARD from the elements. Back in 1824, even the SLIGHTEST display of ANKLE could put the FIRE in...

We never thought we’d see a TTB controversy make it into a big ad in the national media — let alone a full page ad in Time Magazine. The yellow ad is on page 69 of the December 29, 2008 “Person of the Year” double issue and it covers the entire page. The French Office of Champagne is not at all pleased that some non-French wines qualify to be called Champagne, under US law. The ad says “Masquerading as Champagne … isn’t fair. … A legal loophole allows” some names to be misused. In 2006, after many years of negotiations between the US and the European Union, and agreement, TTB set forth the current US rule in TTB Industry Circular 2006-1:

the U.S. made a commitment to seek to change the legal status of [terms like Champagne] to restrict their use solely to wines originating in the applicable EU member state, with certain exceptions. Because the IRC specifically defines semi-generic names, this law must be changed in order to restrict the usage of the names to wines originating in the EU. Assuming the law is so changed, the Agreement contains an exception to this rule. We refer to this exception as the “grandfather” provision. Under the “grandfather” provision, any person or his or her successor...