National Advertising Division Recommends Molson Coors Discontinue Ad Focusing on Taste of Competitor Products

On February 23, 2023, the National Advertising Division (“NAD”) of the Better Business Bureau National Programs recommended that Molson Coors discontinue making certain claims about competitor light beer products in advertising promoting its Miller Lite products. Specifically, after Anheuser-Busch Companies LLC (“A-B”) challenged Molson Coors’ claim that “light beer shouldn’t taste like water.  It should taste like beer” (the “Claim”), the NAD agreed with A-B, finding that the Claim “is not puffery or a mere opinion.”  The NAD further found that although Molson Coors’ advertisement did not mention any competitor beers by name, the Claim was misleading as the phrase “like water” is a “measurable attribute” and “[c]onsumers may also reasonably expect that the statement is supported by such evidence.” 

Molson Coors has stated that it “disagrees with the decision and recommendation of the National Advertising Division and will appeal the decision to the National Advertising Review Board”.

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About Nina Varindani

Nina Varindani is a Partner in Faruqi & Faruqi, LLP's New York office and focuses her practice on securities litigation and shareholder derivative litigation, representing investors in federal and state class action and derivative lawsuits, books and records demands and litigation demands.

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