October 11, 2017
Partner Gonzalo Mon
was quoted in the Forbes
article “Gatorade's Settlement Over Anti-Water Videogame Could Be Problem For Comparative Advertising.” Gatorade promoted a videogame, “Bolt!”, that encouraged players to choose their product over water. The California Attorney General filed a complaint against Gatorade over allegations of violating consumer protection laws, leading to a $300,000 settlement. "The AG was concerned that the game communicated a number of broad misleading messages, including that drinking Gatorade would increase athletic performance, while drinking water would decrease that performance," Gonzalo said. "Although this could be a problem for any audience, the AG was particularly concerned that teens – who made up a majority of the game’s audience – were likely be misled about the relative benefits of the beverages.”
“To the extent that companies make comparative performance claims, like the ones we saw in this case, I do think we’re likely to see these types of challenges. It’s important to note, though, that a state attorney general office isn’t the only source for these challenges. This could have easily come from the (Federal Trade Commission), a competitor, or even consumers,” Gonzalo noted.
To read the full article, please click here