The Fountain of Youth May Not Be Stocked With Gin

Kelley Drye & Warren LLP
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A British hotel group recently introduced “Anti-aGin Gin,” a gin that “rejuvenates the skin while you drink.” The gin was marketed to people “who want to stay young but don’t want to give up alcohol.” The company advertised that the gin included “a host of age defying botanicals and, combining them with drinkable collagen, this is the alcoholic equivalent of a facial.​”

The advertiser intended the claims to be humorous. In fact, the label itself noted that the gin was “a tongue-in-cheek tribute to laughter lines and a lifetime of accumulated wisdom.” The NAD wasn’t laughing, though. They were concerned that consumers would take the claims literally and believe that the gin would deliver the advertised health benefits.

There are two key lessons in this decision. First, although a good gin is essential to a good martini, it’s not going to make you younger. Second, just because you intend an ad to be funny doesn’t mean that you don’t have to worry about what claims you convey.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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