Following a consumer complaint, the Beer Institute has reviewed
Anheuser-Busch Companies, LLC’s Super Bowl ad featuring comedians
Seth Rogen and Amy Schumer discussing the “biggest caucus in the
country” and determined the ad does not violate the industry group’s
marketing standards. Under the standards, “advertising and marketing
materials should not contain languages or images that are lewd or
indecent in the context presented and the medium in which the material
appears.” The consumer argued that the use of “caucus” could be interpreted
as sexually suggestive in context, but the review board disagreed,
finding, “From the perspective of a reasonable adult consumer of legal
drinking age, the mere use of a sexually suggestive pun would not be
seen as ‘vile,’ ‘inciting to lust or lechery,’ patently offensive, or offending
recognized standards of good taste.” The board pointed to similar puns
appearing on “Live with Kelly & Michael” and “comments from Marco
Rubio and Donald Trump about Mr. Trump’s allegedly small hands and
the supposed implications of such” as examples of innuendo permeating
mainstream culture. “Our society simply is not so sensitive as to view any
such reference as being ‘lewd’ or ‘indecent,’” the board concluded. See
Advertising Age, July 19, 2016.

 

Issue 612

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Close