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ARTICLE · 04 JUNE 2025

Is "Refreshing" A Therapeutic Claim?

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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The Distilled Spirits Council of the United States has a Code of Responsible Practices for Beverage Alcohol and Advertising and Marketing which sets forth voluntary standards...

United StatesMedia, Telecoms, IT, Entertainment

The Distilled Spirits Council of the United States has a Code of Responsible Practices for Beverage Alcohol and Advertising and Marketing which sets forth voluntary standards for marketers of distilled spirits to help them advertise in a "responsible and appropriate manner." The Code provides detailed guidance about how to ensure that you're advertising to an adult audience, how to advertise in a socially responsible manner, and other topics.

If a competitor, a consumer, or anyone else believes that a marketer has violated the Code, then that person or company can file a complaint with the DISCUS Code Review Board, which will then consider the complaint and issue a decision.

Recently – and just in time for summer – a consumer complained to DISCUS about two Campari social media posts promoting that Campari cocktails are "refreshing" and can help people "cool down." The consumer alleged that the posts ran afoul of the Code's prohibition on publishing

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www.fkks.com

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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