Mr. Jeff Becker

August 26, 2005

Mr. Jeff Becker

President

Beer Institute

122 C Street, NW, Suite 750

Washington, D.C. 20001

Dear Mr. Becker:

We are troubled by recent reports that t-shirts bearing beer-brand identities (Miller, Guinness, and Budweiser) are being promoted as “Back to School” products by at least two national department stores (JCPenney’s and Target).

Such promotion of beer logo t-shirts to underage persons violates the spirit, if not the (narrow) letter, of the Beer Institute’s Advertising and Marketing Code, specifically Guideline 4(g): “No beer identification, including logos, trademarks, or names should be used or licensed for use on clothing, toys, games or game equipment, or other materials intended for use primarily by persons below the legal purchase age.”

Regardless of the individual beer companies’ intent, licensing beer-brand logos to mass-market t-shirt distributors violates the spirit of 4(g) in the following ways. The beer 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 Beer Institute to act immediately to stop this merchandising and retailing practice. Beer 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 Beer Institute Code’s spirit and help put an end to this gratuitous and unprincipled marketing of beer brands to underage persons.

Sincerely,

George A. Hacker

Director

Alcohol Policies Project

cc: John Kaestner, Anheuser-Busch

Guy Smith, Carolyn Panzer, Diageo

Norman Adami, Miller Brewing Co.

Janet Evans, Federal Trade Commission