Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Code prohibits marketers from suggesting that alcohol can enhance mental or physical capabilities or sporting achievement (18.7). Marketing communications that suggest alcohol can make the drinker smarter, wittier, sharper, more focussed, stronger, faster or higher performing in some way are almost certainly unacceptable. That is not to say that marketers cannot say that intelligent or physically capable people choose their brand but they should steer clear of implying a causal link between their product and improved mental or physical capabilities. In 2007, the ASA rejected a marketer’s argument that his campaign merely conveyed that smart and sassy people drink the product (Intercontinental Brands Ltd, 21 February 2007). Marketers should therefore take care when trying to target their brand at an audience to whom others might reasonably be attracted.
Claims, such as “energising” that imply alcohol has a positive effect on mental or physical capabilities are off limits.
That does not mean marketers are prohibited from using sportsmen and women or featuring a sport in their ads. Marketers may use sports personalities (subject to them not appealing to the under-18s and being over 25) but should not imply that alcohol has contributed to their sporting achievement or imply an endorsement if none exists. The difficulty comes when sportspeople are shown wearing their club or national kits (and are therefore shown as being successful), especially if they are also shown drinking.
Marketers may feature a sports activity or event as a backdrop, for example sipping drinks while watching a local cricket match, as long as they do not suggest that sporting achievement is or has been enhanced by alcohol. Marketers may advertise their sponsorship or sporting events but should again be careful not to imply their product contributes to sporting success. Generally speaking, marketers are safer using executions that focus on the event, the sport or the audience, not on the players.
Marketers should not suggest alcohol can enhance a sportsman’s ability to cope with a physical challenge by, for example, linking alcohol with a dangerous sport or by suggesting that alcohol can be consumed during or immediately before or after participating. (Scottish Courage Ltd, 27 July 2005).
Care should be taken when advertising lower alcohol drinks to avoid implying that the lower alcohol content can help towards maintaining fitness. The ASA has not accepted that a reduced carbohydrate and calorie content means that alcohol can be consumed as part of a healthy lifestyle to maintain fitness. (Anheuser-Busch Europe Ltd, 22 September 2004).
See also 'Alcohol: Use of Celebrities' and 'Alcohol: challenges, bravery and machismo'.
Last modified : 31 January 2012