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 states that "Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol should not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment..." (Rule 18.7)
Because marketers should not suggest that alcohol is a stimulant, claims such as “energising” are likely to be unacceptable. In 2000, the ASA upheld a complaint that an alcoholic drink should not be described as a “vodka rush” because it implied alcohol could increase drinkers’ energy levels and act as a stimulant. The Code also prohibits implying that alcohol can be a sedative; so references to being a tranquilliser or in some way calming are problematic.
Addressing or showing people who are in a “normal” state of balance and suggesting alcohol can help them relax is likely to be acceptable; featuring or encouraging those who are stressed or more anxious than normal to drink alcohol could imply that alcohol is necessary for relaxation or has therapeutic qualities. Using the word “therapy” in a colloquial or humorous manner is unlikely to breach the Code (Pernod Ricard UK Ltd, 12 March 2003) but marketers that go beyond that, especially if they are implying mental health benefits, are likely to be accused of being socially irresponsible. The Copy Advice team has seen several ads that use the word “chill” as a play on how to drink or serve the product. Even claims such as “chill with your mates” are likely to be acceptable but marketers should bear in mind that, if the ad implies alcohol can make drinkers more “chilled”, the claim would be the wrong side of the line.
In 2003, the ASA upheld a complaint about the claim "Beer is an all round food containing a balanced package of nutrients and minerals and can be considered to make a positive contribution to a healthy diet" (George Gale & Co Ltd, 26 February 2003). Later that year,a complaint to the ASA accused Coors Brewers of making therapeutic claims. The ASA did not accept that moderate consumption of beer could protect against heart disease or reduce the risk of high blood pressure and stroke. It noted the claims were medicinal and told the advertiser not to make claims, in advertisements for a drink, that were prohibited by law (Coors Brewers Ltd, 10 March 2004). In short, marketers should think carefully before promoting alcohol on a health platform and should not imply that anyone might need, as opposed to merely like or enjoy, an alcoholic drink.
Last modified : 26 July 2010