Ad description
The Facebook page for Joe Charman, seen on 10 June 2016, featured an image of him that showed Hooch branding as well as him drinking a bottle of Hooch. The page included a video, which was labelled “When its [sic] your round … Make it a Hooch! #OutrageouslyRefreshing. He was shown holding three bottles of Hooch at the side of a swimming pool. He then took a run up and jumped onto an inflatable that was in the water, landing on it on his knees. He then travelled across the pool knelt on the inflatable while holding the drinks, reaching two other males at the opposite side. Each of them then drank from the bottles.
Issue
The complainant believed the ad depicted Joe Charman behaving in a juvenile manner. Because they believed Joe Charman was a Vine star popular with young people, they challenged whether the ad breached the Code.
Response
Global Brands Ltd t/a Hooch said Joe Charman’s Facebook page showed him achieving seemingly impossible feats of skill. They said he was known as “the skills guy” and his audience was entertained by him doing things that most people would find very difficult, or impossible. The performances, however, did not feature juvenile or reckless behaviour. In the ad, Joe Charman was seeking to trade on his reputation as “the skills guy” and the entertainment centred around a faked skill, which was consistent with other performances the audience recognised as ‘fakes’ due to them being obviously altered with special effects.
Joe Charman said he had become infamous for creating skills-related videos, although it was obvious to his fan base that the feats shown were not real or achievable. He said his audience understood that the videos were intended to entertain, not to promote juvenile behaviour.
Facebook said the post did not violate their terms.
Assessment
Upheld
CAP Code rule 18.14 18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage the young to drink. People shown drinking or playing a significant role (see rule 18.16) should not be shown behaving in an adolescent or juvenile manner. required that alcohol ads were not likely to appeal particularly to under-18s and that people shown drinking or playing a significant role in such ads should not be shown behaving in an adolescent or juvenile manner. The ASA acknowledged the Hooch-branded content that appeared in the header of Joe Charman’s Facebook page did not include any such content, and considered it was also not otherwise likely to appeal particularly to people under 18 years of age. However, we considered that showing Joe Charman, who was the main focus of the ad, carrying out a stunt using a swimming pool inflatable depicted behaviour likely to be regarded as juvenile, and therefore likely to be of particular appeal to under-18s. We concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 18.14 18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage the young to drink. People shown drinking or playing a significant role (see rule 18.16) should not be shown behaving in an adolescent or juvenile manner. (Alcohol).
Action
The ad must not appear again in its current form. We told Global Brands Ltd t/a Hooch to ensure that those playing a significant role in their future ads were not shown behaving in an adolescent or juvenile manner.
