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ARTICLE · 11 APRIL 2024

Are Candy Canes For Kids?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Do candy canes have special attractiveness to kids? That was the issue in a recent decision issued by the Distilled Spirits Council of the United States.

United StatesMedia, Telecoms, IT, Entertainment

Do candy canes have special attractiveness to kids? That was the issue in a recent decision issued by the Distilled Spirits Council of the United States.

The DISCUS Code of Responsible Practices for Beverage Alcohol Advertising and Marketing prohibits distilled spirits marketers from advertising their products to underage consumers. According to the Code, advertising and marketing materials should "primarily appeal" to people who are at least 21 years old. Materials are considered to "primarily appeal" to underage consumers "if they have special attractiveness to such persons beyond the general attractiveness for persons of legal purchase age."

Sazerac's Fireball Whisky brand ran a promotion featuring candy cane shaped packaging. Apparently, the company sold big plastic candy canes that included small bottles of the whisky.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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