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.
In terms of targeting, 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. Furthermore, marketing communications should not appear in a medium if 25% or more of the audience is under 18; so teen magazines or social media feeds aimed at children and the like are problematic mediums.
As well as targeting, advertisers need to ensure that their ads do not contain characters, pictures, wording or any other elements likely to be considered of particular appeal to children. It's important to note that alcohol ads must not appeal particularly to children regardless of whether the ad is appropriately targeted.
Ad placement - targeted vs. untargeted
Ad placement - targeted vs untargeted
The rule states: "Marketing communications must not be directed at people under 18 through the selection of media or the context in which they appear. No medium should be used to advertise alcoholic drinks if more than 25% of its audience is under 18 years of age." This essentially means that untargeted ads (such as posters, organic social media posts etc). should not be used if the audience is likely to be more than 25% under 18. Marketers should ensure that untargeted organic social media ads (that appear, for instance, on a person's feed but haven't been targeted at particular users) do not, for example, originate from an influencer likely to be popular with under 18s. For outdoor untargeted ads, the ASA has determined that media directed at the general population – for instance, posters or circulars distributed to households in a particular area – are unlikely to be regarded as being directed at a protected group because none of the age categories protected comprises more than 25% of the population. However, if the placement or distribution of the age-restricted marketing communication skews the likely audience towards a particular group significantly (for instance, an outdoor advertisement placed near a school) the marketing communication is likely to breach the Code.
For targeted ads (such as direct mail, emails, targeted/'sponsored' ads online etc.) marketers must not direct the ad at those under 18, i.e. should not 'serve' the ad directly to children. 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 legal drinking age (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). Similarly, in 2017, the ASA received a complaint from someone whose child had received a Hungry Horse leaflet in their school book bag. Whilst the body of the leaflet did not make any direct references to alcohol, because it was mentioned in the small print, the ASA considered that for the purposes of the Code, a person under the age of 18 had been targeted with an ad featuring alcohol (Greene King Retailing Ltd, 2 August 2017).
Marketers may find our guidance on Guidance on Media Placement restrictions and Advertising Guidance - Age-restricted ads online of use, as well as Children: Targeting.
Online and social media
As ads move increasingly online, marketers are reminded that they should make use of any and all available age-gating tools and technology, along with any available data, to ensure that they’ve targeted an ad appropriately. In 2019, Heineken was able to successfully evidence that their ad was appropriately targeted, because they had data to show the influencer they had used did not have a following of more than 25% under 18s (Heineken Enterprise Ltd, 4 September 2019). See our Advertising Guidance - Age-restricted ads online for more information.
Appeal and “youth culture”
In terms of “appeal”, 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 2007, Intercontinental Brands Ltd, 21 February 2007). Special care, too, should be taken to avoid the use of music or styles of music that are popular with children and teenagers.
Again, marketers are reminded that alcohol ads should not include elements likely to be of particular appeal to children, regardless of whether the ad is appropriately targeted.
Humour
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. Juvenile or adolescent behaviour is also problematic (even in an ad where the individual playing a significant role is not drinking) – in 2016, the ASA concluded that a social media star jumping into a pool onto an inflatable would be classed as “juvenile” behaviour, and the ad therefore breached the Code (Global Brands Ltd, 26 October 2016). See also Alcohol: Juvenile or adolescent behaviour.
Using celebrities
Similarly, marketers should avoid using personalities, sport or other themes that might appeal to the under-18s. In 2012, the ASA upheld a complaint against an ad that used colloquial language, an emoticon, and referred to celebrities like Cheryl Cole, Nicole Scherzinger and Leona Lewis as these were all likely to have particular appeal to young people rather than older consumers (Maxxium UK Ltd, 12 December 2012). See Alcohol: Use of celebrities for more information.
Cartoons and characters
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 also Alcohol: Use of cartoons, animals and characters.
Marketers are also encouraged to read our Advertising Guidance - Age-restricted ads online and Children: Targeting.
See also Alcohol: General and Alcohol: Featuring Under 25s.