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.
Sales promotions that require multiple purchases of an alcohol product should not encourage or condone excessive drinking. In November 2005, the ASA upheld a complaint about a nightclub that promoted its Happy Hours using the image of a woman seemingly entranced while drinking alcohol (Opal Lounge, 23 November 2005).
Marketers should ensure the number of items that need to be bought to participate in the promotion does not encourage consumers to exceed the Department of Health guidelines for safe drinking: 3 to 4 units a day for men and 2 to 3 units a day for women. They should also ensure the duration of the promotion is long enough to allow consumers to participate without drinking excessively or irresponsibly (Fuller Smith & Turner plc, 4 July 2001).
Marketers should be careful when offering alcohol as a prize or gift in sales promotions. In addition to ensuring that alcoholic drinks do not feature in promotions directed at people under 18, promoters should ensure that alcohol is not offered, even inadvertently, to those under the legal drinking age. Promoters should satisfy themselves that their promotion is open only to those over 18 (for example, by holding written confirmation that participants are over 18) and that promotional goods are not accessible to those under age (for example, by getting participants to collect alcohol through outlets where there is face to face contact) (Rules 8.4, 8.5, 8.6 and 18.15). In 2007, the ASA rejected a complaint about an e-mail promotion that was received by someone under 18, because it considered the promoter had taken adequate precautions (Virgin Wines, 21 February 2007). In September 2006, the ASA upheld a complaint about a promotion because the promoter did not state prominently that the offer was only for people aged 18 or older (EMAP Elan Ltd, 6 September 2006).
Promoters that offer alcohol as prizes, for example, “Win a year’s supply of Chateau wine”, should consider whether they are going to deliver all the wine in one go or offer vouchers that allow the winner to collect consignments of the product over time. If they are going to make a one-off delivery, promoters might have to work extra hard to avoid encouraging excessive consumption in their marketing communications. They should, for example, make sure that the alcohol product does not have a ‘best before’ date that requires rapid or excessive consumption.
Trade promotions may use a multiple-purchase mechanic because they are unlikely to be seen to encourage excessive drinking.
Promoters of alcohol drinks are subject to the other provisions of the Code; for example, they should state closing dates, restrictions to entry and other factors likely to affect a consumer’s decision to participate. They must ensure they hold adequate stocks of promotional goods, administer the promotion properly and give consumers no cause for complaint. One promoter that the ASA considered had not made a reasonable estimate of demand was Ernest & Julio Gallo Winery Europe (12 January 2005). The failure to deal with participants swiftly and to convince the ASA the promoter had adequate resources to meet the demand of the offer resulted in the ASA upholding nearly 40 complaints.
Last modified : 26 July 2010