The Distilled Spirits Council of the United States Code of Responsible Practices for Beverage Alcohol Advertising and Marketing sets forth detailed standards for how to responsibly market distilled spirits in the U.S.
The DISCUS Code requires, for example, that marketing "should portray beverage alcohol products and drinkers in a responsible manner and reflect generally accepted contemporary standards of good taste." The Code also prohibits advertising that shows "beverage alcohol being consumed by a person who is engaged in, or is about to engage in, any activity that is illegal or requires a high degree of alertness or physical coordination, such as driving a vehicle." The Code also prohibits advertising that shows people who are intoxicated or that "suggests that intoxication is socially acceptable conduct."
Apparently, a number of advertisers, including New Amsterdam Pink Whitney Vodka, sponsored a Barstool Sports video called, "Spittin Chiclets vs Fore Play - The Match We've All Been Waiting for." A consumer then complained about the video to DISCUS, alleging that the video violated the DISCUS Code by including the following content:
- "the individuals – public figures and part-owners of the Pink Whitney brand – consume and promote the product throughout a golf match. At least one participant becomes visibly and severely intoxicated, to the point of struggling to walk, speak coherently, or stand upright. Despite this, he is repeatedly encouraged by one of the owners to continue drinking Pink Whitney on camera"; and
- "the intoxicated individual is shown operating a golf cart, and at one point steps out and nearly collapses from apparent intoxication. Operating a motor vehicle while impaired – including golf cards – is a criminal offense in many of the jurisdictions where this product is marketed, and the video's portrayal normalizes and even glorifies this behaviour."
In response to the complaint, New Amsterdam said that it was not aware of the existence of the video. Although the DISCUS decision is not real clear on this point, it appears that the video was authorized by the company, but hadn't gone through the company's approval process. New Amsterdam told DISCUS that it agreed that the video violated the DISCUS Code and explained that the video "would not have been approved if our established process had been followed." New Amsterdam then worked with Bartstool Sports to edit out the problematic portions of the video.
In its decision, DISCUS agreed that the video violated the DISCUS Code and commended New Amsterdam for taking swift responsive action to fix it.
This decision highlights the importance of having established, internal procedures for advertising review and ensuring that company employees have been trained about not only what constitutes acceptable content, but about what approvals are required before advertising can be released to the public.
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