August 26, 2005
Code Review Board
Distilled Spirits Council of the United States
1250 I Street, NW, Suite 400
Washington, DC 20005
Dear Members of the DISCUS Code Review Board:
We are troubled by recent reports that t-shirts bearing liquor brand identities (Jack Daniels in particular) are being promoted as “Back to School” products by at least two national department stores (JCPenney’s and Target).
Such promotion of liquor logo t-shirts to underage persons violates the spirit, if not the (narrow) letter, of the DISCUS Code of Responsible Practices, specifically guideline no. 8 under “Responsible Content”: “No brand identification, including logos, trademarks or names should be used or licensed for use on clothing, toys, games or game equipment, or other items intended for use primarily by persons below the legal purchase age.”
Regardless of the individual liquor companies’ intent, licensing liquor-brand logos to mass-market t-shirt distributors violates the spirit of the Code in the following ways. The liquor logo t-shirts are displayed on the stores’ retail floors in direct proximity to, or among, attire directly sized for and targeted to young men and boys. The t-shirts, though classified as “men’s” sizing, appeal strongly to a population that certainly includes high school and underage college males.
“Back to School” advertising circulars promote the t-shirts opposite similar casual shirts designed for young men. Only a careful reading of the descriptive text reveals a difference in the consumers (men vs. young men) the retailers intend to reach. The average consumer would likely consider the t-shirts to be part of the “Back to School” specials. Indeed, the very theme of the circulars (and retail displays) makes clear that the target audience is young men in secondary school or college who are returning to school this fall. Few adult males of legal drinking age would be shopping for new attire under this theme.
We call on the DISCUS Code Review Board to act immediately to stop this merchandising and retailing practice. Liquor companies should not be pitching their brands as part of “Back to School” promotions.
I urge you to take steps to prevent the continuing violation of the DISCUS Code’s spirit and help put an end to this gratuitous and unprincipled marketing of liquor brands to underage persons.
Sincerely,
George A. Hacker
Director
Alcohol Policies Project
cc: Owsley Brown II, Brown-Forman Co.
Janet Evans, Federal Trade Commission