Barstool Sports gives ‘Crunch Berries’ defense in sportsbook hearing
Barstool Sportsbook Defends “Can’t Lose Parlay” Promotion in Court
Barstool Sportsbook took a humorous approach to defend its “Can’t Lose Parlay” promotion during a recent court hearing in Massachusetts. The promotion was given out and promoted on the popular “Pardon My Take” podcast but faced accusations of being misleading. The promotion required customers to win four bets, but 90% of users lost their first “Can’t Lose Parlay” bet. Barstool claimed it did not break any state laws, and lawyer Jonathan Albano argued that the slogan “Can’t Lose Parlay” falls under the same legal standard as Cap’n Crunch, a cereal featuring “Crunch Berries” that don’t contain real berries. The Massachusetts Gaming Commission is expected to have a written decision on the hearing at a later date.
FAQs:
What is Barstool Sportsbook’s “Can’t Lose Parlay” promotion?
The “Can’t Lose Parlay” promotion was given out and promoted on the popular “Pardon My Take” podcast. It required customers to win four bets but faced accusations of being misleading after 90% of users lost their first “Can’t Lose Parlay” bet.
Did Barstool Sportsbook break any state laws with the promotion?
Barstool claimed it did not break any state laws, and lawyer Jonathan Albano argued that the slogan “Can’t Lose Parlay” falls under the same legal standard as Cap’n Crunch, a cereal featuring “Crunch Berries” that don’t contain real berries.
What was the outcome of the recent court hearing in Massachusetts?
The Massachusetts Gaming Commission is expected to have a written decision on the hearing at a later date.
Has Barstool Sportsbook faced scrutiny from state regulators before?
Yes, Barstool founder Dave Portnoy and the company have been scrutinized by state regulators about allegations of sexual misconduct and misogynistic behavior. However, Portnoy has denied wrongdoing.

Sportsbook hearing features Barstool Sports defending ‘Crunch Berries’
Barstool Sportsbook Defends ‘Can’t Lose Parlay’ Promotion in Court Hearing
Barstool Sportsbook made an appearance in a Massachusetts court hearing on Wednesday in defense of its ‘Can’t Lose Parlay’ promotion, which is known to users of the popular ‘Pardon My Take’ podcast. The parlay has been accused of being misleading, and Barstool has argued that its use of the term “Can’t Lose” is not meant to imply that the bets are risk-free. Jonathan Albano, an attorney for Barstool’s parent company Penn National, stated that through the eyes of a reasonable consumer, no one would believe they were engaging in a risk-free activity when seeing a parlay that requires a customer to win four bets.
The company halted the promotion in mid-March after questions about its legality arose. During the court hearing, Barstool’s lawyer pointed out that slogans like “World’s Best Pizza” are unsubstantiated, and that Buffalo wings aren’t made from real buffalo. Albano also mentioned that 90% of users lost their first bet using the “Can’t Lose Parlay” promotion.

The Massachusetts Gaming Commission is expected to make a decision on the hearing at a later date. The hearing comes after a long, drawn-out process for Barstool Sportsbook to obtain a gaming license in its home state. The company has also faced allegations of sexual misconduct and misogynistic behavior, leading to regulatory scrutiny of both the founder, Dave Portnoy, and the company itself. Barstool recently fired podcast host Ben Mintz for saying a racial slur while reading rap lyrics on a live stream, out of concern that the incident could jeopardize regulatory gambling licenses nationwide. However, Portnoy has re-hired Mintz as a pitchman for his watch company outside of Barstool.