2022 Marcom Trends - Magazine - Page 6
ALCOHOL
Guidance is more important now than ever, which is why clients
and colleagues turn to the Davis+Gilbert Counsel 2U® programs
to keep them advised and ahead of the latest hot topics and
trends in the law. We have continued to offer trainings and
CLE educational programs on a variety of different topics ranging from advertising
and digital media, privacy and data security to intellectual property law and
employment law.
Tailored to business professionals and corporate counsel, we work proactively with
our clients to understand what is most important to them and then design tailored
programs that are helpful and relevant to their business needs.
Our Counsel 2U programs allow our clients to learn substantively about relevant key
areas, topics and hot issues.
Navigating the Re-Entry of Live Events
The alcoholic beverage industry has traditionally been one of the most active live-event
sponsors. Whether it be sporting events, music festivals or sponsored brand-experience
events, alcohol brands gravitate towards live events because they offer the opportunity to
build a brand and sell an experience.
Event marketing had to shut down virtually overnight due to the COVID-19 pandemic,
stemming the flow of advertising dollars from alcohol brands. Though the omicron variant
has created a new obstacle to a full reopening, this has not stopped the return of live
events.
For those working with alcohol brands on live-event sponsorships,
keep in mind the following:
1. Pick the Right Event
Team Trainings
Our customized programs vary in
length based on our clients’ business
needs and provide practical
suggestions that can be applied to
your business after the conclusion of
the program.
Safety First
To meet the needs of today’s safety
protocols, all Counsel 2U programs
are conducted in a virtual
environment. Davis+Gilbert is
equipped to host the program for you
and your attendees or our attorneys
can present through your company’s
online meeting platform.
CLE-Accredited Provider
Davis+Gilbert regularly offers and
conducts CLE-accredited
educational programs on a wide
range of topics and issues that are
suitable for both attorneys and key
business personnel.
Contact Us
For more information on the full
range of the firm’s Counsel 2U
programs, please contact the
Davis+Gilbert attorney with
whom you have regular contact
or email us at info@dglaw.com.
One of the most important rules for alcohol marketing is that
brands cannot do anything that is likely to appeal primarily to
children. Advertising materials should only appear in media
where 71.6% of viewers are 21 years of age or older, and
brands should only sponsor events that they anticipate will
beattended by people who meet this demographic criteria.
2. Pour One Out for Pouring Rights
Alcohol brands cannot induce a retail licensee to carry their
products or prohibit a retail licensee from carrying another
brand’s products. Although in event sponsorship agreements
there is often a desire to require events to serve the sponsor’s
product — in event sponsorship agreements, doing so is
strictly forbidden and could lead to significant liability.
For example, in 2020, the U.S. Alcohol and Tobacco Tax and
Trade Bureau (TTB) reached a $5 million settlement with
Anheuser-Busch — which owns Budweiser, Michelob and
Stella Artois, among many others — over its sponsorship
agreements. In particular, the TTB alleged that Anheuser-Busch
was including provisions in sponsorship agreements that
required venues to stock its products and prohibited venues
from stocking its competitors’ products.
3. Know Who You’re Dealing With
Alcohol brands are prohibited from giving anything of value
to anyone holding a license to serve alcohol. This means that
alcohol brands cannot typically enter into agreements with
anyone who holds a “concessionaire’s” license — a license to
serve drinks to attendees at an event. This is the case whether
the brand contracts directly, or does so through an intermediary
like an advertising agency. Alcohol brands that sponsor live
events must therefore ensure that the party with whom they are
contracting is not a licensed entity.
dglaw.com
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6 DAVIS+GILBERT LLP
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TRENDS IN MARKETING COMMUNICATIONS LAW 7