law, less ordinary - legal opinions from Browne Jacobson » Food & drink

The worst did happen – Dr Pepper #fail

Hannah — Thu, 22 Jul 2010 10:15:06 +0000

In a novel promotion, Dr Pepper recently launched a Facebook app which gave consumers the chance to win £1,000 – if they allowed Dr Pepper to “hi-jack” their status updates. Dr Pepper, in line with their “what’s the worst that could happen” strapline, would use the app to post amusing embarrassing statements, which would appear as if they had been made by the entrants.

However the promotion went wrong when a 14-year-old girl’s status was updated with a reference to a hardcore pornography film, causing an outrage. Now Coca-Cola are reportedly considering moving their account from the advertising agency responsible for the promotion.

This shows the importance, when dealing with a novel promotion mechanic, of ensuring the promotion is carefully reviewed before it is run – not just for legal compliance, but also to establish what’s the worst that could happen?

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

A sobering thought!

Hannah — Wed, 30 Jun 2010 09:44:34 +0000

So, alcohol survived the emergency budget. However, many fear that this is a small rest bite before the storm that is sure to come once the Government has overhauled the Licensing Act 2003 as its attempts to tackle the binge drinking culture in our country.

Whilst we wait to see what happens MPs north of the border have voted through the ground-breaking Alcohol Bill which could result in drink promotions banned full stop, an ability to raise the age for buying alcohol, and “social responsibility fees” for retailers who choose to sell alcohol.

Whilst it seems unfathomable that alcohol will ever stop being a big part of British culture, who could have predicted a near universal ban on smoking in public venues across the EU. When will the shackles on the sale of alcohol stop tightening? Will it stop at prominent health warnings on packaging being mandatory or will a far more draconian hand be dealt to the industry?

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com