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ARTICLE · 15 OCTOBER 2020

Sharing Youth-Oriented Social Post Violates DISCUS Guidelines

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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To celebrate National Tequila Day, the music group SZNS posted a video on Instagram of the group playing "spin the bottle" with a bottle of Teremana Tequila.

United StatesMedia, Telecoms, IT, Entertainment

To celebrate National Tequila Day, the music group SZNS posted a video on Instagram of the group playing "spin the bottle" with a bottle of Teremana Tequila.  In the band's own unique take on the game, the "winner" gets handed the car keys (becoming, apparently, the designated driver) and the rest of the women take a shot.  The text of the post reads, in relevant part, "be safe out there, no drinking and driving."  

The Teremana social media team saw the video and then (without making any contact or arrangement with SZNS) decided to repost it on its own Instagram account along with the hashtags #TequilaOfThePeople and #DrinkResponsibly.  

After seeing Teremana's post, a consumer complained to the Distilled Spirits Council of the United States Code Review Board, alleging that the post violated the DISCUS " Code of Responsible Practices."  The consumer alleged that the post violated various provisions of the Code, including that distilled spirits advertising should

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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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