FOR RELEASE: MARCH 12, 1991 CANANDAIGUA WINE CO. AGREES TO ADVERTISING, PACKAGING CHANGES FOR CISCO FORTIFIED WINE TO SETTLE FTC CHARGES The maker of Cisco, a flavored wine product that contains as much alcohol as five one-ounce servings of vodka, has agreed to settle charges with the Federal Trade Commission that the packag- ing, marketing and advertising of Cisco represent the product as a wine cooler or other low-alcohol, single-serving drink, and that this has led to cases of alcohol poisoning where victims required hospital emergency care. Under a consent agreement announced today for public com- ment, Canandaigua Wine Company ("Canandaigua") would be prohib- ited from representing that Cisco is a low-alcohol product, from implying that a bottle of Cisco constitutes a single serving, and from encouraging retailers to display Cisco next to low-alcohol products like wine coolers. The agreement also would require Canandaigua to change the shape of the bottle so that its neck is more elongated, to change the color of the bottle glass from clear to dark green, and to recall retail displays implying Cisco is a single-serving beverage. Cisco has been the subject of numerous recent news stories. In a January news conference, U.S. Surgeon General Antonia C. Novello said of Cisco's current packaging, "It looks like a wine cooler. It smells like a wine cooler. But it isn't." Novello has expressed approval of the new Cisco packaging, designed to bring an end to what she called, "nationwide reports of alcohol poisoning among teenagers." - more - (Cisco--03/12/91) The FTC's complaint against New York-based Canandaigua claims that the color and shape of the Cisco bottle resembles that of other low-alcohol, single-serving beverages such as wine coolers. (Beverages are considered "low-alcohol" if they contain less than 7 percent alcohol.) Also, the complaint alleges, the colors and flavors in which Cisco comes are similar to the colors and flavors of many wine coolers. Promotional materials for Cisco suggest that it be sold alongside similar bottles, according to the complaint, which cites language in those materials such as, "[Cisco] comes packaged in distinctive cooler-style bottles . . .," and, "The key to selling Cisco is proper cold box storage." The FTC complaint further charges that advertisements imply that a bottle of Cisco can be consumed as a single serving. In fact, Cisco is three to five times as potent as low-alcohol, single-serving beverages. One of the ads cited in the FTC complaint -- a poster displayed in stores selling Cisco -- shows a model holding and about to consume the contents of an opened, full, 12.7 ounce bottle of Cisco. In sum, the FTC complaint says, the packaging, marketing, and advertising of Cisco represent that it is a low-alcohol product that consumers can drink in quantities similar to other low-alcohol products without increased risk of injury. In fact, the complaint charges, these representations are deceptive because Cisco is neither a wine cooler nor a low-alcohol, single- serving beverage, but rather a 20 percent alcohol product that is three to five times as potent as low-alcohol beverages. Further, consumption of Cisco has resulted in consumer injury, the complaint alleges. To settle the charges, Canandaigua has agreed to stop: -- representing that Cisco, or any other flavored product containing more than 14 percent alcohol, is a low-alcohol beverage; -- misrepresenting the package of such a product to be a single serving (unless it is packaged in a container of 100 milliliters or less); and -- encouraging distributors and retailers to display such a product adjacent to low-alcohol beverages. (Cisco--03/12/91) Canandaigua has agreed to change the shape and glass color of the bottle for Cisco, and to begin shipping the product in the new bottle and packaging after July 1, 1991, unless events beyond its control delay repackaging. The Surgeon General and the Bureau of Alcohol, Tobacco and Firearms have approved the proposed repackaging of Cisco fortified wines. The settlement with the FTC would become a binding agreement. Under the agreement, Canandaigua would also send a letter to all distributors and retailers of Cisco asking them to stop displaying promotional materials for Cisco that imply Cisco is a single-serving beverage. The letter would request that Cisco not be displayed adjacent to any low-alcohol beverage and that, instead, it be displayed with other fortified wines if the store carries such products. The proposed consent agreement is subject to public comment for 60 days, after which the Commission will decide whether to make it final. Comments should be addressed to the Office of the Secretary, Federal Trade Commission, 6th Street and Pennsylvania Avenue N.W., Washington, D.C. 20580. Copies of the agreement, the complaint, and an analysis of the agreement are available from the FTC's Public Reference Branch, Room 130, at the above address; 202-326-2222; TTY 202- 326-2502. NOTE: A consent agreement is for settlement purposes only, and does not constitute an admission by the company that it violated the law. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $10,000. # # # MEDIA CONTACT: Bonnie Jansen, Office of Public Affairs 202-326-2180 STAFF CONTACT: Judith Wilkenfeld, Division of Advertising Practices, 202-326-3150 (File NO. 912-3008) (Cisco)