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Sixty-six willing Australian drinkers helped a Federal Court judge decide that Tooheys didn't engage in misleading or deceptive advertising for its 2.2 beer. The beer contains 2.2 percent alcohol, compared to 6 percent for other beers, leading to a claim that could be interpreted as implying it was non-alcoholic. Volunteers were invited to a marathon drinking session after the Aboriginal Legal Service claimed Tooheys' advertising implied beer drinkers could imbibe as much 2.2 as desired without becoming legally intoxicated. Drunken driving laws prohibit anyone with a blood-alcohol level above 0.05 from getting behind the wheel in Australia. So, an experiment was conducted to see what happens when a lot of 2.2 is consumed. But the task wasn't easy or that much fun. Some subjects couldn't manage to drink the required 10 "middies," an Aussie term for a beer glass of 10 fluid ounces, over the course of an hour. Thirty-six participants could manage only nine glasses. Four threw up and were excluded. Two more couldn't manage the "minimum" nine glasses and had to be replaced. Justice J. Beaumont observed that consuming enough 2.2 in an hour to reach the 0.05 level was "uncomfortable and therefore an unlikely process." Because none of the ads mentioned such extreme quantities, he ruled they couldn't be found misleading or deceptive.
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