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ARTICLE · 29 NOVEMBER 2023

NARB Reads Less Into Emojis Than NAD

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% more electrolytes vs. Gatorade Thirst Quencher."

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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% 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. 💪

Although the claims about electrolyte content were literally true, Stokely-Van Camp – the maker of Gatorade – argued that the ads were misleading. Among other things, SVC argued that the emoji conveyed a ​"message that consumers who drink Powerade will be stronger than if they drink Gatorade." In a decision that we noted could have broad implications for many ad campaigns, NAD stated that emojis could be ​"a powerful source of messaging" and agreed with SVC's interpretation.

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