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 now specifically states, in rule 18.11, that alcohol must not be handled or served irresponsibly. That relates not only to the number and size of the measures poured but also to the way in which they are poured; for example, is alcohol treated casually and with little regard?
In 2005, the ASA considered that a cinema ad, which showed the flamboyant pouring of drink, was irresponsible for depicting the pouring of alcohol in that way (Bacardi-Martini Ltd, 19 January 2005). In 2008, the ASA considered an ad that showed a woman in a bikini pouring champagne over a semi-naked man (The Little Drinks Company, 1 October 2008). Although the ASA banned it because the ad clearly linked alcohol with sex and sexual success, the ASA concluded that the ad did not portray the irresponsible handling or serving of alcohol in a way that could lead to unwise consumption. In reaching its decision, the ASA noted the ad did not suggest that the couple were going to consume the champagne, which it considered was merely a sexual ‘prop’. Because it believed the Code was intended to stop alcohol being shown as being dispensed and consumed recklessly, the ASA thought the ad did not breach the Code. Marketers should not assume that it would be acceptable generally to show alcohol being poured over a person. CAP intends rule 18.11 to prevent the irresponsible handling of alcohol regardless of any connection with the latter’s dispensing or consumption.
Marketers should also bear this rule in mind when featuring alcohol in their campaigns, even if they are not advertising an alcoholic drink. In 2010, the ASA upheld complaints for Virgin Holiday’s Rockstar Service (Virgin Holidays Ltd, 29 September 2010) because alcohol was shown in the ad being handled and served irresponsibly. The ASA considered that the number of bottles in the scene, with some tipped over and with torn labels, and the image of a character with more than one glass in his hand, indicated a casual attitude towards the handling and consumption of alcohol. While the ad was not promoting alcohol, it still fell foul of the alcohol rules.
Last modified : 11 August 2011