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ARTICLE · 14 AUGUST 2023

NAD Reads Into Emojis

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained "50%...

United StatesMedia, Telecoms, IT, Entertainment

Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained "50% more electrolytes vs. Gatorade Thirst Quencher." One social media post featured a headline "Powerade vs. Gatorade Thirst Quencher" above a side-by-side comparison of the electrolyte and vitamin content of the two beverages. The caption read: "Don't Underestimate our Electrolytes" followed by a flexed arm emoji. ??

Stokely-Van Camp, the maker of Gatorade, wasn't happy. ?? Although the claims about electrolyte content were literally true, SVC argued that the ads implied that Powerade "delivers superior heath, hydration, and performance benefits and through the flexed arm emoji, that drinking Powerade will make consumers stronger than Gatorade." Despite this implication, SVC argued that Coca-Cola hadn't provided evidence that the increase in electrolytes actually provides additional benefits for consumers.

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