New York Settlement Gives Makers of Tylenol a Headache
This Fall, the New York Attorney General announced a settlement between it and McNeil-PPC, the makers of Tylenol, for advertising a sweepstakes promotion that appeared to require consumers to purchase a product in order to enter. Under the laws of all 50 states, consumers must be allowed to enter and win a sweepstakes without making a purchase.
The advertising for the promotion, which appeared on television and in print, implied that consumers must purchase Tylenol for a chance to win. Although the ad did note that there was no purchase necessary, it was written in tiny “mice-type” printing, while the words BUY TYLENOL were prominently displayed in the ad. The fact that 84% of the people who entered the sweepstakes had actually purchased a Tylenol product suggested that the alternative free entry provision was not significantly prominent to be effective. To insure that McNeil used a bigger font, it was required to amend their current and future advertising and to pay $52,000.00 in damages.
practice pointer: Advertisers should consider the type size and placement of the “no purchase necessary” provision, especially when promoting in New York.