Advertising Law - January 12, 2012

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In This Issue:

Not a Dry Case – Judge Lifts Restrictions on Alcohol Advertising in Texas; Tostitos, SunChips, Tropicana Targets of New Suits; Literally True Claim May Still Convey False Message, NAD Cautions; Do Not Pass Go: Another Suit Filed over McDonald’s Monopoly Game; and Prohibition on ZIP Code Request Applies Retroactively.

Excerpt from Not a Dry Case – Judge Lifts Restrictions on Alcohol Advertising in Texas

In a victory for the alcohol industry, a U.S. District Court judge struck down parts of the Texas Alcoholic Beverage Code on First Amendment grounds.

A group of beverage manufacturers had challenged the statute, arguing that the Code’s prohibition on “tied house” arrangements and the requirement that beverages be labeled according to the state’s definition of “beer” or “ale” violated their rights of free speech.

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