Burger King Warned About Body Spray Lawsuits

After learning about Burger King®’s recent launch of FLAME™, a body spray that purportedly carries the scent of BK’s own flame-broiled hamburger’s, I began to wonder whether or not the fast-food giant’s legal team had considered fully the liability issues that might accompany the use of this product by BK loyalists.

BK is using a marketing approach similar to that used by Unilever to market its line of AXE-branded products that includes a body spray, shower gel and deodorant.  The never-subtle “AXE Effect” message contained in their ads:  “Use AXE, and you’ll have women crawling all over you.” See this web site for details if you must.

Burger King®, on the other hand, is using a dedicated web site, FireMeetsDesire.com, to market FLAME™.  At the web site, visitors are confronted by imagery of flames, flowers and other graphics while listening to Barry White-style music in the background.   They navigate by using a “click to spray” button located on the top of a can of FLAME™ in the middle of the page.  And they can order FLAME™ anytime with a simple mouse click.

My concern, however, lies in the possibly-unintended result of a customer’s using this product — let’s call it the “FLAME™ Effect.” Instead of attracting women a la the “AXE Effect,” a person’s use of FLAME™ is likely to attract the unwanted attention of carnivorous animals — domesticated and non-domesticated alike — who happen to be downwind from the person wearing the body spray.  That “attraction,” in turn, might result in bodily harm to the wearer who will be advised by out-of-work trial lawyers like John Edwards to sue.

To the folks at Burger King®, I say this: “You can take my advice and remove FLAME™ from the market or you can ‘Have It Your Way®.’  You decide.”

To everyone else: Be careful or you just might get burned by the FLAME™.

-- Bob McCarty Writes