Coca-Cola: Bottling It?​


By Alison Catchpole​

The Story

As Portuguese football captain Cristiano Ronaldo sat down to speak to the media on the eve of the 15 June 2021 Group F opener in Budapest, he moved two Coca-Cola bottles aside, and said “agua” (water)*. The following day, French midfielder Paul Pogba, a practising Muslim, moved aside a bottle of non-alcoholic Heineken and on Wednesday, Italy’s Manuel Locatelli appeared to mimic Ronaldo. UEFA’s Euro 2020 tournament director Martin Kellen told reporters, "We have regulations signed by the participating federations. We have reminded them of their obligations but of course this [fining] is always a possibility” (Reuters).

The footballers’ actions come hot on the heels of Japanese-born American tennis star Naomi Osaka’s refusal to take part in a mandatory press conference at the French Open on 30 May 2021. Osaka cited the need to put self-care and mental health above the “huge waves of anxiety before I speak to the world’s media” (Twitter). However, for her actions, Osaka was issued with a $15,000 fine, and a statement from the board of the four grand slams warned “Naomi Osaka today chose not to honour her contractual media obligations” (RolandGarrros.com).

Quick Facts

- Coca-Cola’s sponsorship of UEFA is well into its fourth decade (The Drum), while it has signed a three and a half year sponsorship with the Premier League.

- Ronaldo’s 550 million social media followers may also be aware of his former advertising campaigns with Kentucky Fried Chicken and, yes, Coca-Cola (Financial Times).

- England Captain Gareth Southgate defended corporate sponsorship, noting the benefits and that “their money at all levels helps sport to function” (BBC).

*Note, media reports that $4bn was wiped off the value of Coca Cola from Ronaldo's snub don't appear to be true, although there may have been a subsequent 'Ronaldo effect'.


What It Means For Businesses And Law Firms

These stories highlight the tension between the contractual obligations of a club or athlete and the ability of athletes to act autonomously. To what extent does a contract bind athletes when they are struggling with their mental health? What about their desire not to drink Coca Cola?

Lawyers for the sponsors of a club or tournament will have provisions in place that give the sponsor the right to terminate an agreement for a variety of events, such as if they suffer from adverse publicity from the actions of an athlete. Moreover, reputation management, brand partnerships, and intellectual property are all areas of legal practice that may need to be engaged by lawyers when such issues crop up.

At its best, sponsorship can enable diverse businesses to innovate and share best practice. For example, British American Tobacco and Maclaren's 2019 deal aimed to unite the teams in their development of battery technology and advanced material use (The Telegraph).

On the other hand, it's not always promising. Later in 2019, Australia’s Department of Health and Victoria’s Department of Health and Human Services launched an investigation into the compliance of the branding of rival tobacco brand Philip Morris’s sponsorship of Ferrari (SportsProMedia).

Naomi Osaka’s fine was applied for non-attendance, but protection for her declared mental health condition, depression, might have been applicable in England and Wales under The Equality Act 2010 (and similar legislation in France) (HarperMcLeod). Her courage certainly reminds us that ‘Love All’ is more than just a tennis score.

Image Credit: Tetiana Shumbasova / Shutterstock.com