UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
BECKS NORTH AMERICA, INC. a corporation
DOCKET NO.
COMPLAINT
The Federal Trade Commission, having reason to believe that Becks North America,
Inc., a corporation ("respondent"), has violated the provisions of the Federal
Trade Commission Act, and it appearing to the Commission that this proceeding is in the
public interest, alleges:
- Respondent Becks North America, Inc. is a Delaware corporation with its principal
office or place of business at 57 Old Post Road No. 2, Greenwich, Connecticut 06830.
- Respondent has advertised, labeled, offered for sale, sold and distributed products to
the public, including Becks Beer. Becks Beer is a liquid beverage consisting
of 5% alcohol by volume (10 proof).
- The acts and practices of respondent alleged in this complaint have been in or affecting
commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission
Act.
- Respondent has disseminated or caused to be disseminated advertisements for Becks
Beer, including but not necessarily limited to the attached television advertisements,
Exhibits A and B. Exhibits A and B depict a number of passengers in various places on a
sailing boat at sea. On the deck of the boat is a large bucket of ice, filled with bottles
of Becks Beer. Almost all of the passengers are holding bottles of beer, with one
passenger standing precariously on the bowsprit (a spar extending almost horizontally off
the bow of the boat), and others sitting on the edge of the bow; no one is wearing a life
jacket.
- Through the visual depictions described in Paragraph 4, respondent has depicted boating
passengers as drinking Becks beer while engaged in activities that require a high
degree of alertness and coordination to avoid falling overboard. This conduct is
inconsistent with the Beer Institutes own Advertising and Marketing Code and may
also violate federal and state boating safety laws. The risks associated with such
activities while boating are greatly increased by the consumption of alcohol. In the
boating environment, even low and moderate blood alcohol levels sufficiently affect
coordination and balance to place boat passengers at increased risk of falling overboard
and thus drowning, and many persons are unaware of this increased risk. As many as
one-half of all boating fatalities are alcohol- related, including an average of 60
recreational boat fatalities annually from falling overboard while drinking.
Respondents depiction of this activity in its advertisements is likely to cause
substantial injury to consumers that is not outweighed by countervailing benefits to
consumers or competition and is not reasonably avoidable by consumers. Respondents
practice was an unfair act or practice.
- The acts and practices of respondent as alleged in this complaint constitute unfair acts
or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade
Commission Act.
THEREFORE, the Federal Trade Commission this day of , 1998, has issued this complaint
against respondent.
By the Commission.
Donald S. Clark
Secretary
SEAL:
Exhibit A-1
Becks TV Spot #1
Depictions · Ocean with
green-sailed schooner in view. |
Verbal Music starts. |
· Close up on schooner. |
Music continues throughout commercial. |
· Close up: unseen people toast with two
bottles of Becks. |
Mans voice: "Heres to
adventure." |
· Female passenger talking to viewer. Switch to
another female passenger, holding a Becks, riding piggy-back on standing male
passenger. She touches the tip of her beer to the beer of another passenger. |
Female voice: "Three weeks in the sun . .
." Music continues. |
· Four passengers sitting/leaning on the edge
of the bow, most holding beers and a fifth balancing on the bowsprit, waving a beer. |
Female voice continues: "on a big German
ship." |
· Close up: two Becks beers being removed
from a cooler full of ice on deck. |
Male voice: "Sponsored by . . ." |
· Close up: a bottle of Becks being
opened with a bottle opener. |
Male voice continues: "Becks
beer." |
· Close up: a male passenger talking to the
viewer. |
Male voice: "Im in!" |
· Switch to two passengers sitting near rail,
then to three others near the rail, most holding Becks. |
Male voice: "Its totally
different!" |
· Close up: male passenger talking. |
Male voice: "Like the beer." |
· Close up: hand slamming Becks bottle on
wet surface. |
Male narrators voice: "Becks .
. ." |
· Close up: glass with Becks logo filled
with foaming beer. |
Voice continues: "truly distinctive." |
· A couple sitting/reclining in boat, lifting
Becks to the viewer. |
Voice continues: "Totally refreshing." |
· Four passengers sitting/reclining in stern,
water behind them, holding Becks, while fifth passenger takes their photo. |
Female voice: "I wanted a great experience
. . ." |
· Close up on a female passenger talking to
viewer. |
Voice continues: "I got it!" |
· Waves coming up on ship. SUPER:
BECKS
Americas Favorite German Beer
Imported by DriBeck Importers, Greenwich, Connecticut |
Narrators voice: "Becks,
Americas Favorite German Beer" |
Exhibit A-2
Becks TV Spot #1
(VIDEOTAPE AD)
Exhibit B-1
Becks TV Spot #2
Descriptions · Ocean with green-sailed
schooner in view. |
Verbal Music starts. |
· Close ups of schooner, sails. |
Music continues throughout rest of commercial. |
· Close up of female passenger talking to
viewer. |
Female voice: "Wanna Have some Fun?" |
· Couple playing; switch to three passengers
dancing/playing while their photo is taken on upper deck, framed against sky; passengers
holding beers in background. |
Female voice: "Mix hot music . . ." |
· Close up: male passenger talking. |
Male voice: "cool people . . ." |
· Four passengers sitting/leaning on the edge
of the bow, most holding beers, and a fifth balancing on the bowsprit, waving a beer. |
Male voice: "a big boat . . ." |
· Couple sitting with backs to rail, toasting
Becks. |
Male voice: "and a . . ." |
· Two Becks are removed from a cooler
filled with ice and beers. |
Male voice: "great . . ." |
· Bottle of Becks being opened with a
bottle opener. |
Male voice: "German Beer." |
· Close up: female passenger talking to viewer. |
Female voice: "With the right ingredients .
. ." |
· Scene of couple, blue sky in background, she
waves beer; switch to four passengers sitting/reclining in stern, most holding beers. |
Voice continues: "nothings
better!" |
· Hand slams bottle of Becks down on wet
surface. |
Male narrator voice: "Becks . .
." |
· Close up: glass with Becks logo filled
with foaming beer. |
Voice continues: "truly distinctive . .
." |
· A couple sitting/reclining in boat, lifting
Becks to the viewer. |
Voice continues: "totally refreshing . .
." |
· Close up: male passenger talking to viewer. |
Male voice: "this is just the best!" |
· Close up: waves coming up on ship. SUPER:
BECKS
Americas Favorite German Beer
DriBeck Importers, Greenwich, Connecticut |
Narrator: "Becks, Americas
Favorite German Beer" |
Exhibit B-2
Becks TV Spot #2
(VIDEOTAPE AD) |