Hi Marketing Wranglers,

This week, regulators and creatives came out swinging. Europe just ruled that non-alcoholic spirits can’t borrow legacy booze names, a decision U.S. marketers should be watching closely. Over in the States, the FTC handed down a $48 million penalty that should scare any team still playing fast and loose with claims. And on the creative front? Liquid Death took brand integration to a dystopian extreme in The Running Man, proving once again that audacity pays off when it fits the brand’s DNA.

Buckle up, here’s what you need to know about the rulings, the risks, and the wild creativity shaping marketing right now.

🚨 In This Week’s Issue

🥃 Non-Alcoholic Spirits Labeling: EU regulators say zero-proof spirits can’t borrow legacy alcohol names

🚫 The $48M FTC Crackdown: The marketing claims, hidden terms, and fake reviews that triggered one of the biggest penalties of the year

🎬 Liquid Death x The Running Man: How the brand turned product placement into world-building in The Running Man

🥃 Non-Alcoholic Spirits Labeling: Europe Says No, U.S. Could Be Next

Europe just drew a line in the sand, and it's soaked in juniper. The EU Court of Justice ruled that non-alcoholic drinks cannot be called gin. Period. Not even with "non-alcoholic" stamped across the label in bold letters.

The logic? Only spirit drinks made with ethyl alcohol, flavored with juniper berries, and clocking in at least 37.5% ABV deserve the gin name. Everything else is just... botanical water with aspirations.

The drama started when a German consumer protection group went after PB Vi Goods for selling "Virgin Gin Alkoholfrei." The company thought the name was clear enough. A German court even wondered if EU rules were trampling on business freedom. But Luxembourg wasn't having it. EU law doesn't do exceptions, the judges said. Slapping "non-alcoholic" in front of "gin" doesn't make it legal. It makes it misleading.

American Marketers Should Pay Attention

This isn't just a European thing. As zero-proof cocktails explode in popularity stateside, U.S. regulators are watching closely. Europe's hardline stance on traditional product names could easily cross the Atlantic. If you're marketing alcohol-free "spirits" using legacy booze names, your label might be living on borrowed time.

Europe's War on Creative Naming

This ruling is part of a pattern. The EU has been fiercely protective of product names for years:

  • KitKat couldn't trademark its four-finger shape

  • Only animal products can be called milk, butter, or yogurt

  • Plant-based burgers and sausages are facing naming bans in multiple countries

The message is consistent: traditional names belong to traditional products. Innovation is welcome, but not if it borrows someone else's vocabulary.

The Marketing Challenge: Invent, Don't Imitate

Here's the uncomfortable truth for brands riding the alcohol-free wave: leaning on legacy names like gin, whiskey, or tequila might feel smart, but it's legally risky. The safer play? Build your own category language. Create names that capture the vibe without copying the classics.

Because in Europe's eyes, if it doesn't have the alcohol, it doesn't get the name. And that philosophy might be coming to a market near you.

Catch the full gist on The Guardian.

🚫 $48 Million Mistake: Marketing Claims That Cost Everything

The FTC just slapped a $48 million penalty on a small-business financing company and permanently banned its CEO from offering loans, debt relief, or credit-repair services. The reason? Their marketing promised business loans and lines of credit that didn't actually exist, buried key terms in fine print, hit customers with unauthorized fees, and tanked their credit scores in the process. For marketers, this is more than a cautionary tale. It's a blueprint for what not to do.

Misleading Claims Can Sink More Than Your Reputation

According to regulators, the company misled customers on multiple fronts:

  • Promised access to funding that never materialized

  • Advertised lender relationships and 0% APR offers that didn't exist

  • Charged early-termination fees and submitted multiple hard credit inquiries without proper disclosure, wrecking customers' credit scores

Every claim you make in marketing needs to be true, provable, and crystal clear. In regulated industries like finance, there's zero tolerance for creative interpretation.

Fake Reviews and Hidden Terms Will Catch Up With You

The FTC also called out the company's shady review tactics, including non-disparagement clauses and pressuring customers into leaving positive reviews to bury complaints. Marketing teams often treat reviews as a low-stakes game, but regulators see it differently. Even tactics that feel harmless can become liabilities fast.

Check out the full article on JD Supra.

🎬 Liquid Death x The Running Man: When Brand Sponsorships Go Dystopian

Liquid Death isn't just sponsoring a movie. It's infiltrating the plot. In the new sci-fi thriller "The Running Man," the canned beverage brand stars in an actual in-universe commercial where a velvet-suited TV host hawks the product with lines like "bury your thirst in a shallow grave." It's product placement that doesn't just sit in the background. It becomes part of the dystopian world itself. Social media buzz, online videos, and in-film spots all amplify a campaign that's as bold as it is self-aware.

Marketing With an Edge (and a Lesson)

The campaign reveals how far brands can push creative boundaries when they commit fully to the bit. Liquid Death operates as ad agency, influencer, and media channel rolled into one, but the edgy approach carries a bigger takeaway for marketers:

  • Audacity works, but only when it fits the brand's existing identity and the story's tone.

  • Product placement can captivate audiences and spike awareness when it enhances rather than interrupts the narrative.

  • Creativity without context risks feeling forced or exploitative, especially in dystopian or violent settings.

  • The best brand integrations don't just grab attention. They add value to the story while staying true to what the brand stands for.

Head to Marketing Dive for the full piece.

🧩 From the Playbook

Fun Fact

The very first paid TV commercial in the U.S. aired on July 1, 1941, a 10-second Bulova Watches spot during a Brooklyn Dodgers vs. Philadelphia Phillies game. It showed a clock, a map, and the tagline: “America runs on Bulova time.”

And the cost? A whopping… $9. Yep, nine dollars for a piece of advertising history that kicked off the TV ad industry.

💬 If you love smart takes from Marketing, Compliance, and Legal pros, plus the latest industry news, this is where the good stuff lives.

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