Anheuser-Busch scored a win on Wednesday following a ruling by the Beer Institute's Code Compliance Review Board amid the ongoing boycott of Bud Light.
In a ruling, the Beer Institute's Code Compliance Review Board (CCRB) found that Anheuser-Busch did not violate the marketing code for its partnership with Dylan Mulvaney, a transgender influencer after the company was accused of using the partnership to promote Bud Light to people below the legal drinking age.
"While the CCRB has addressed a number of issues in our report, we want to make two points crystal clear that when taken together make it impossible to conclude that Anheuser-Busch violated the Code. First, there is absolutely nothing in the Mulvaney Instagram posts in question that would 'have a special attractiveness' to people below the legal drinking age," the ruling said.
In May, Republican senators Ted Cruz of Texas and Marsha Blackburn of Tennessee sent a letter to Anheuser-Busch and the Beer Institute calling for an investigation to be opened into Bud Light's partnership with Mulvaney. The letter, obtained by Newsweek, said that Bud Light may have violated "the Beer Institute's Advertising/Marketing Code and Buying Guidelines prohibiting marketing to individuals younger than the legal drinking age."
Newsweek reached out to Anheuser-Busch via email for comment.
Bud Light partnered with Mulvaney in April, providing her with a customized can to celebrate the first anniversary of her transition. The partnership sparked widespread criticism and calls to boycott Bud Light, mainly from conservatives.
Recently released data showed Bud Light seeing a continued decline in sales over the Fourth of July holiday weekend and a former Anheuser-Busch executive previously told Newsweek that he is not "surprised" by the decline in sales and projected that "sales are not going to improve and potentially could get worse."
The letter sent by Cruz and Blackburn alleged that Mulvaney's content on Instagram and TikTok is focused on younger individuals and her video showing the Bud Light can would be seen as promoting underage drinking.
Only one member of the Beer Institute's CCRB dissented from the conclusion on Wednesday. Paul Summers, the former Tennessee attorney general wrote in his dissent that "This writer, a CCRB board member, finds that the brewer has violated the Code as to advertising and marketing to people below the legal drinking age. The complainant/s have met the burden of proof by a preponderance of the evidence."
In a statement, Beer Institute President and CEO Brian Crawford told Newsweek that "The Code Compliance Review Board, an independent review board convened by the Beer Institute, has carefully assessed a recent complaint and by a 2-1 vote determined that there was no violation of the Beer Institute Advertising and Marketing Code."
"As we have done in the past, we will take the Code Compliance Review Board's recommendations to strengthen the Ad Code seriously and will continue to work with industry stakeholders to update, develop and implement best practices, guidelines and educational initiatives that foster a culture of responsible beer enjoyment," the statement said.
In a statement released by the U.S. Senate Commission on Commerce, Science and Transportation, Ranking Member Cruz said, "This is the first time a review board member—and notably, the board's only lawyer—has concluded that a brewer violated industry code prohibiting the marketing of alcoholic beverages to underage individuals."
"While I am disappointed but unsurprised with the ruling from the other two panelists on the board, I will continue efforts to shine a spotlight on how Anheuser-Busch chose a spokesperson meant to appeal to children. If marketing tobacco to minors is effectively illegal, perhaps Congress needs to take action to do the same with alcohol in light of Anheuser-Busch's actions," the statement added.
Newsweek was directed to Cruz's statement by the Senate Commission on Commerce, Science and Transportation after reaching out to his office for comment.
