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 alcohol ads from being directed at under-18s through the selection of media, style of presentation, content or context in which they appear. That means marketers not only have to take care not to use characters (real or fictitious) that are likely to appeal particularly to people under 18 but also should be mindful about the selection of media, style of presentation, content or context in which ads appear. Marketing communications should not appear in a medium if 25% or more of the audience is under 18; so teen magazines and the like are a definite no go area.
In May 2010, the ASA upheld a complaint from a parent about a consumer survey on ‘international wines’ that had been sent to their 17 year old son. The advertisers explained that they believed him to be over 18 because he was named on previous orders and had received goods for which a credit or debit card had been used and so an assumption was made that he was, therefore, over 18. The Code requires marketers to take all necessary steps to ensure that marketing communications are suitable for those targeted and the ASA considered that the advertisers should have taken further steps to ensure that the database list for the mailing did not include persons under the legal drinking age (LDA) (WIV Wein International AG, 5 May 2010). Similarly, in January 2009, the ASA upheld a complaint against a brochure that featured a bottle of wine with the recipient’s name printed on it; the recipient was 15 years old. Although the marketer said it had not intended to market alcohol to anyone under the LDA, the ASA considered a claim that “customers must be 18 years of age or over” did not negate the marketer’s obligation to avoid directly marketing to those under the LDA (Scotts Ltd, 28 January 2009). A few months earlier, the ASA upheld a complaint about a mailing that invited recipients to celebrate their forth-coming 18th birthday. Even though the mailing was not inviting the recipient to consume alcohol until she was the LDA, the ASA considered that the mailing promoted alcohol to a 17-year-old and therefore breached the Code (Tenpin Ltd, 22 October 2008).
An instructive example of an ASA judgement that the placement of an ad had not breached the Code is the ASA’s deliberations on Spider-Man 3. Because he had attended an afternoon screening of a film with a 12A certificate, the complainant considered the ad was irresponsibly placed. The ASA noted the Cinema Advertising Association’s Alcohol Film Panel had examined the audience profiles for two similar films and had determined that Spider-Man 3 was unlikely to attract an audience of more than 25% under 18 years of age. Because of that and the content and style of presentation of the ad, which it considered mature and not particularly appealing to under-18s, the ASA concluded the ad was acceptable (Brown-Forman Beverages Europe Ltd, 25 July 2007).
Websites are another medium where advertisers need to be careful of the 25% rule. In 2008, the ASA received a complaint that an internet ad was irresponsible. The ad, for a football game, appeared on a free games website and featured a screen-shot from the game showing a man about to kick a football against a wall that had an outline of a goal on it. Visitors were instructed to "click to play” and were automatically re-directed to the Carling website where the game was hosted. Although it considered that the screenshot that comprised the ad was not directed at children in its style of presentation, content or context, the ASA noted the football game required a relatively low level of skill and its content was likely to appeal to children. The ASA was concerned that the advertiser could not conclusively show that more than 75% of the audience was 18 or over (Coors Brewers Ltd, 19 November 2008). This, and subsequent cases (Cell Drinks, 3 August 2011), demonstrate that even when they have employed an age-gate system or age verification page, marcoms might still be found to be of particular appeal to under 18s. Marketers should be wary of appealing to typical insecurities such as attractiveness, being “cool”, social acceptance or belonging. Although it rejected complaints about a Carling cinema ad that featured the strapline “Belong”, the ASA upheld complaints about ads that implied drinking the advertised brand could contribute to popularity, confidence and attractiveness and was likely to appeal particularly to people under 18 years of age by reflecting the cool, sassy elements of youth culture (Coors Brewers Ltd, 2 May 2007andIntercontinental Brands Ltd, 21 February 2007).
Humour is acceptable but it must not be of a type typically associated with children or teenagers. That almost certainly rules out, for example, practical jokes, slapstick comedy, sexual humour (Stiffy Shots Ltd, 21 January 2004 and Beverage Brands, 22 September 2004), outwitting authority, ignoring responsibilities, ''generation gap'' references, puerile behaviour (Beverage Brands, 9 June 2004) and anything linked to youth culture (Cell Drinks, 3 August 2011). Special care, too, should be taken to avoid the use of music or styles of music that are popular with children and teenagers. Similarly, marketers should avoid using personalities, sport or other themes that might appeal to the under-18s (Cell Drinks, 3 August 2011and Halewood International Ltd, 5 April 2000).
Marketers should take care when using cartoon-like images; they might be acceptable if they are adult in nature but marketers run the risk of appealing to the under-18s if cartoon images are too childish in their execution (Cobra Beer Ltd, 24 September 2008). Similarly, the use of animation or animals in an alcohol ad is likely to result in a breach of the Code although the incidental use of, say, a dog being walked is likely to be acceptable. Although the Alcohol rules do not distinguish between teenagers and younger children, the Copy Advice team will use its discretion when judging whether ads appeal to under-18s.
See ‘Alcohol: The Use of Cartoons, Animals and Characters’, ‘Alcohol: Irreverent Behaviour’, ‘Alcohol: Models under 25’ and ‘Alcohol: Use of Celebrities.
Last modified : 02 May 2012