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Tooheys

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Case 11.2: Tooheys
Case Summary:
- Tooheys, an Australian beer company, was accused of misleading and deceptive advertising.
- Tooheys has 2.2% of alcohol in its beverages relatively lower than regular beers (6%).
- Aboriginal Legal Service claimed that Tooheys’ advertising campaign implied that a person could consume as many 2.2’s as they can without getting legally intoxicated.
- An experiment was taken place with sixty six participants to test Tooheys’ claim which also helped the Australian Federal Court to decide in favour of the company and declared them not guilty of deceptive and misleading advertising.

Problem Statement:
- The experimentation technique used by Tooheys lead to incomplete and invalid results.

Analysis:
- 66 volunteering participants attended a marathon drinking session to test the intoxication effect.
- According to the drunken driving laws in Australia, a driver must have a blood-alcohol level no more than 0.05%.
- The participants were required to drink 10 “middies”, equivalent to 10 ounces, of beer in an hour period.
- 36 subjects stopped at only nine glasses, 4 threw up and were disqualified and 2 were unable to drink the minimum nine glasses. The rest were also disqualified as they did not manage to drink the minimum.

Result of the experiment:
- Justice J Beaumont ruled that “consuming enough 2.2 in an hour to reach the 0.05% level was uncomfortable and therefore an unlikely process”. Hence Tooheys could not be found guilty of deception.

Recommendations:
1) Perform a field experiment: Instead of controlling the subjects with time constraint and quantity of beer, the participants should have been observed in a natural environment where they drink beer at their normal pace and provide more accurate and valid results. For example, observe the participants in a more cosy setting where they are more comfortable and feel like home.
2) Keep the subjects oblivious to the purpose of the research: The participants knew it was a drinking marathon to test their tolerance of 2.2 beers. This has a risk of creating Hawthorne Effect which suggests that people will perform different from normal when they are aware of being the experimental subjects. Some people are self conscious and may not prefer to be seen “drunk” in public and some may want to consume more than they can handle.

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