All of Bud Light’s Super Bowl Ads including “Special Delivery” can continue to air as part of the court’s ruling and will be airing on TV this week
Late Friday evening the court in the Western District of Wisconsin ruled that Bud Light’s Super Bowl ad titled “Special Delivery” can continue to air on TV and online. “Special Delivery” and all of Bud Light’s TV ads from Super Bowl LIII that focus on the ingredients used to brew Bud Light, Miller Lite and Coors Light may continue to air as per the court’s ruling.
“Yesterday’s ruling is a victory for consumers as it allows Bud Light’s Super Bowl advertising to continue,” said Cesar Vargas, Anheuser-Busch VP of Legal & Corporate Affairs. “As the number one selling beer in the U.S., Bud Light remains committed to leading the alcohol industry by providing more transparency for consumers including letting them know about the ingredients that are used to brew their beer. More transparency is good for the entire industry as it responds to a clear consumer demand.”
By allowing these ads to continue, consumers will now be more informed about the ingredients used to brew their favorite beers – an effort started by Bud Light earlier this year when it became the first-ever U.S. beer to include a comprehensive ingredients label on its packaging.
Excerpts from the ruling include:
- Bud Light’s Super Bowl ads letting consumers know that Miller Lite and Coors Light are brewed with corn syrup are permitted
- Page 22: “There is no dispute that the statements that Miller Lite and Coors Light ‘use’ or are ‘made with’ or ‘brewed with’ corn syrup are literally true.”
- Page 25: Bud Light stating, “‘made with,’ ‘brewed with’ or ‘uses’ in ads do not disparage corn syrup or otherwise expressly draw attention to any negative health consequences.”
- Page 31: The court concludes that MillerCoors “has not demonstrated a likelihood of success in demonstrating that the advertisements solely using the language ‘brewed with,’ ‘made with,’ or ‘uses’ corn syrup are misleading.
- Bud Light can tell consumers that MillerCoors uses corn syrup, a less expensive ingredient, to brew Miller Lite and Coors Light
- Page 35: MillerCoors “points to statements that Miller Lite and Coors Light selected corn syrup to ‘save money’ or because it is ‘less expensive.’ [MillerCoors] contends that these statements ‘falsely suggest . . . that there is something inferior, wrong, or unhealthy about beer that is not brewed from rice.’ (Pl.’s Br. (dkt. #9) 31.) [MillerCoors] does not challenge the truthfulness of these statements. Instead, [MillerCoors] appears to contend that representations about the relative cost of corn syrup is misleading because a consumer would conclude that it is less healthy. For reasons addressed above, however, this claim is too much of a stretch to warrant discussion.”
Bud Light will continue to run its Super Bowl ad “Special Delivery” in the coming weeks along with several other ads from the campaign.