What Is "Advertising" Under The DISCUS Code?

Earlier this year, Whisky Magazine wrote an article about Woodford Reserve Master Distiller Elizabeth McCall, which included a photo of her, while pregnant, holding a glass of bourbon in her hand. The article reports on McCall becoming the brand's new Master Distiller and, among other things, talks about some of the challenges of being a woman (and a pregnant woman) working in the whisky business. Woodford Reserve then shared the article on LinkedIn.

A consumer complained to the Distilled Spirits Council of the United States, arguing that the article and the social media post violated the DISCUS Code of Responsible Practices for Beverage Alcohol Advertising and Marketing by showing a photo of a pregnant woman with a glass of bourbon in her hand. Specifically, the consumer argued that it violated the Code provision that states that, "Beverage alcohol advertising and marketing materials should portray beverage alcohol products and drinkers in a responsible manner and