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ARTICLE · 17 NOVEMBER 2021

Emojis Can Be Claims Too!

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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In a case of first impression, NAD recently issued a SWIFT case decision addressing the use of emojis in advertising. At issue were social media posts with short videos advertising BodyArmor sports drink.

United StatesMedia, Telecoms, IT, Entertainment

In a case of first impression, NAD recently issued a SWIFT case decision addressing the use of emojis in advertising. At issue were social media posts with short videos advertising BodyArmor sports drink. The posts featured BodyArmor endorser, Cleveland Browns quarterback Baker Mayfield, conducting a "taste test" where he is blindfolded and has to identify different BodyArmor flavors. After correctly identifying three BodyArmor flavors, he is handed a bottle of Gatorade. Still blindfolded, he takes a swig and the green "nauseated face" emoji appears on screen, along with the yellow laughing "face with tears of joy" emoji. Mayfield spits out the Gatorade, and declares "Yo, that is not cool. That's awful," while removing his blindfold and shaking his head.

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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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