Is "Refreshing" A Therapeutic Claim?

The Distilled Spirits Council of the United States has a Code of Responsible Practices for Beverage Alcohol and Advertising and Marketing which sets forth voluntary standards for marketers of distilled spirits to help them advertise in a "responsible and appropriate manner." The Code provides detailed guidance about how to ensure that you're advertising to an adult audience, how to advertise in a socially responsible manner, and other topics.

If a competitor, a consumer, or anyone else believes that a marketer has violated the Code, then that person or company can file a complaint with the DISCUS Code Review Board, which will then consider the complaint and issue a decision.

Recently – and just in time for summer – a consumer complained to DISCUS about two Campari social media posts promoting that Campari cocktails are "refreshing" and can help people "cool down." The consumer alleged that the posts ran afoul of the Code's prohibition on publishing inappropriate content. Specifically, the consumer said that the posts violated Section C6 of the Code, which prohibits advertising that makes "curative or therapeutic claims."

Campari argued that the posts were in full compliance with the Code. Campari said that it wasn't making any curative or therapeutic claims, but was really only referring to the commonly understood effect of drinking an iced beverage.

The DISCUS Code Review Board agreed with Campari, holding that the posts did not violate the Code. The Board wrote, "the usage of 'cool down' and 'refreshing" in the context of the marketing materials did not rise to the level of of therapeutic or curative claims." The Board explained, "the Board cited the reference to cocktails in each instance, which are traditionally iced beverages, and the general tone and text of the advertisements that did not infer any curative or therapeutic effects."