Background
Summary of Council decision:
Four issues were investigated, all of which were Not upheld.
Ad description
A TV ad and YouTube ad on Heineken's own YouTube channel for Heineken beer:
a. The TV ad showed a man getting into a taxi as a woman got out. Inside the taxi he found that she had left behind a silver card holder containing a number of business cards. The man was then shown asking the taxi driver to take him to the place shown on the first business card, which was a hairdressing salon, where three women sat him down and he was shown a bottle of beer in an ice bucket as he was shaved with a large pair of scissors. He was then seen visiting other venues from the pile of business cards, such as a tailor’s; a racecourse where he was shown taking part in a race; a live music bar where he was handed another bottle and joined in playing the piano; and finally a bar where he found the woman from the taxi. He was then shown with another bottle in a private room with the woman who also had a bottle, which then broke off into a pod that travelled over the city on a wire. The ad ended with the text "Heineken open your city".
b. The YouTube ad was an extended version of the TV ad. In the scene involving the barber’s shop, the man was handed a bottle of Heineken, but this was draped with a hairdresser's cape before he could drink it. It also featured scenes in a dance class and a yoga studio.
Issue
The Youth Alcohol Advertising Council challenged whether the ads were irresponsible, because they:
1. encouraged excessive drinking, by showing the man drinking more than the recommended daily limit;
2. linked alcohol with physical activities that would be unwise and unsafe;
3. implied that alcohol could contribute to an individual's popularity or confidence and enhance personal qualities, and
4. linked alcohol with sexual success.
Response
Heineken UK Ltd said that the principal character was not shown consuming alcohol and believed the ad did not imply that he had consumed immoderate amounts of alcohol (or imply that he was intoxicated). They explained that in the barber’s shop scene (in YouTube ad (b)) he was handed an open bottle of Heineken which was then covered by the barber's gown and that the unconsumed bottle was removed from him once his facial hair had been cut. They pointed out that he was never seen drinking from this bottle. They said that when the character was shown later in the evening at a live entertainment venue, he was not shown drinking from the bottle, but believed that even if he had been, it would have been perfectly acceptable to consume a moderate amount of alcohol in this social environment.
They said that at the end of the ads, the character was shown holding an open bottle of alcohol and clinking bottles with a female. They said that, once again, he was not shown drinking any alcohol. They therefore believed that the character was not shown drinking in an irresponsible manner or drinking excessively.
In relation to TV ad (a), Clearcast said that the man was not shown drinking Heineken and that in the hairdresser's salon a bottle was shown in an ice bucket without the man drinking from it. They believed the ad did not suggest the man had been drinking more than the recommended daily limit. They therefore believed the ad did not encourage excessive drinking.
In relation to YouTube ad (b), YouTube stated that the video did not violate their applicable advertising policies.
2. They said the character was shown riding a horse at a racetrack and believed this was a highly fantastical scenario which was meant to be seen by viewers as fun, rather than taken seriously as something he would actually do. They reiterated that the character was never shown consuming alcohol and that, although it was clear the scenario was fantastical, there was nothing to suggest this fantasy scenario took place under the influence of alcohol.
In relation to TV ad (a) Clearcast said the only real physical activity in the ad was the horserace. They said no alcohol was featured in the ad and that it had been established in previous scenes that the man was not seen drinking.
3. They reiterated that the character was not shown drinking in the ads. They said that during the barber’s shop scenario (in YouTube ad (b)) the character was handed a drink but did not drink from it and that the live music venue scene showed a fantastical scene where he helped a pianist with a broken arm play the piano so he could enjoy a bottle of Heineken (although again no character was actually shown drinking). They said that in the final scene, the main character was shown with the main female character, but that neither was shown drinking. They believed it therefore could not be inferred that his conversation with her was as a result of drinking Heineken. They said that throughout the ad the character was confident and engaging and that his interaction with the other characters was propelled by their actions based on his possession of the business cards, rather than his state of mind or specific actions. They believed the ad did not imply that alcohol had caused or contributed to his circumstances or characteristics, and did not imply that alcohol had enhanced his personal qualities.
In relation to TV ad (a) Clearcast again said that none of the characters in the ad were shown drinking alcohol and believed that because a bottle was only shown in three scenes, the ad did not imply that alcohol could contribute to an individual's popularity. They also pointed out that with the scene in the live music bar, it was clear that the party was already in full swing before the man arrived and that no one was shown drinking alcohol. With regard to the final scene, where the male and female characters were shown in the cable car pod, they believed there was no suggestion that the presence of alcohol had enhanced personal qualities. They believed this final scene would be understood by viewers as a thankful gesture and that the woman was simply thanking the man for returning the card holder by giving him a bottle of Heineken.
4. They said that the character engaged with a variety of male and female characters throughout his journey, which ended in a social occasion where he met the female character who had lost her business card holder at the beginning of both ads. They believed that there was no dialogue or actions to suggest seduction and that there was no suggestion that alcohol made the main character more attractive to this female character. They believed viewers would understand that, on return of her business card holder, she would want to know more about how he came to find it and return it to her. Whilst they accepted the way in which she beckoned him over could be seen as mild flirtation and therefore attraction, they believed there was nothing to suggest that this attraction was as a result of alcohol.
In relation to TV ad (a) Clearcast said the main concept of the ad was that the man was seen trying to return the silver card holder to its rightful owner and that in order to do this, he goes to various places, using the business cards in the holder in order to locate the owner. They said that as soon as the man located the woman, they both got into a cable car pod and were each seen with a bottle of Heineken. However, Clearcast believed it was clear that the woman was simply thanking the man for returning the card holder and that although there was some mild flirtation, this did not go so far as to link alcohol to sexual success.
Assessment
1. Not upheld
The ASA noted TV ad (a) and YouTube ad (b) followed a character throughout an entire evening and in a range of different scenarios and told the story of a man whose appearance and experiences evolved throughout the evening as a result of visiting various places featured on the business cards including a barbers, a tailors, a dance class, a racecourse and a live music venue before finally visiting a bar. Despite being shown holding a bottle of Heineken on several occasions, neither the main character nor any other featured characters in the ads were shown actually drinking.
Whilst the ads suggested that a couple of drinks may have been consumed across the entire evening, we considered there was no implication of drinking to excess and no suggestion that any of the characters were intoxicated. For these reasons we considered that the ad did not encourage irresponsible or immoderate drinking.
On this point we investigated TV ad (a) under BCAP Code rules
19.2
19.2
Advertisements must not feature, imply, condone or encourage irresponsible or immoderate drinking. That applies to both the amount of drink and the way drinking is portrayed.
References to, or suggestions of, buying repeat rounds of alcoholic drinks are not acceptable. That does not prevent, for example, someone buying a drink for each member of a group. It does, however, prevent any suggestion that other members of the group will buy a round.
(Alcohol), but did not find it in breach.
On this point we investigated YouTube ad (b) under CAP Code (Edition 12) rules 18.1 18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable. (Alcohol) but did not find it in breach.
2. Not upheld
The ad featured a fantastical scene at a racetrack where the character was shown inadvertently riding a horse in a race and winning. No alcohol was shown during this scene and the character had not been shown drinking in any preceding scene. Furthermore, we considered consumers would understand that the featured scenario was fantastical and highly unlikely to be emulated in real life. We therefore concluded that the ad did not link alcohol with a dangerous activity.
On this point we investigated TV ad (a) under BCAP Code rules
19.13
19.13
Advertisements must not link alcohol with the use of potentially dangerous machinery or driving.
Advertisements may feature sporting and other physical activities (subject to other rules in this section) but must not imply that those activities have been undertaken after the consumption of alcohol.
(Alcohol), but did not find it in breach.
On this point we investigated YouTube ad (b) under CAP Code (Edition 12) rules
18.12
18.12
Marketing communications must not link alcohol with activities or locations in which drinking would be unsafe or unwise.
Marketing communications must not link alcohol with the use of potentially dangerous machinery or driving. Marketing communications may feature sporting and other physical activities (subject to other rules in this section; for example, appeal to under-18s or link with daring or aggression) but must not imply that those activities have been undertaken after the consumption of alcohol.
(Alcohol), but did not find it in breach.
3. Not upheld
The character was shown throughout an entire evening involved in a number of scenarios that were dictated by the business cards left behind by the woman from the taxi. The man was not shown drinking at any point in the ads and although he went through a physical transformation as a result of his visit to the barber’s and tailor’s shops, we considered that his popularity with other characters came from his personality and his consistent ability to engage with others. The ad, therefore, did not imply that those characteristics were created or enhanced by alcohol. We therefore concluded that the ads did not imply that alcohol could contribute to an individual's popularity or confidence or imply that alcohol could enhance personal qualities.
On this point we investigated TV ad (a) under BCAP Code rules
19.3
19.3
Advertisements must neither imply that alcohol can contribute to an individual's popularity or confidence nor imply that alcohol can enhance personal qualities
and
19.8
19.8
Advertisements must not imply that alcohol has therapeutic qualities. Alcohol must not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment. Although they may refer to refreshment, advertisements must not imply that alcohol can improve any type of performance.
(Alcohol), but did not find it in breach.
On this point we investigated YouTube ad (b) under CAP Code (Edition 12) rules 18.3 and 18.7 18.7 Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol must not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment. Marketing communications must not imply that alcohol can enhance mental or physical capabilities; for example, by contributing to professional or sporting achievements. (Alcohol), but did not find it in breach.
4. Not upheld
The character's physical transformation and journey were dictated by the business cards left in the taxi by the woman. It was this action that created the journey that led the main male character to the bar at the end of the ads where he found the woman. Whilst there was a look of acknowledgement on the woman's face in both ads when she saw the man holding the business card case, along with a mildly flirtatious beckoning action from the woman in ad (b), we considered these actions did not imply sexual success. Furthermore, we noted neither of the main characters was shown drinking in the ads and that there was no suggestion that the final scene, where the two characters left together in the pod, was an indication of sexual success or that it was linked to alcohol consumption. We therefore considered that the ads did not link alcohol with sexual activity, sexual success or seduction or imply that alcohol could enhance attractiveness.
On this point we investigated TV ad (a) under BCAP Code rules
19.6
19.6
Advertisements must not link alcohol with sexual activity, sexual success or seduction or imply that alcohol can enhance attractiveness. That does not preclude linking alcohol with romance or flirtation.
(Alcohol) but did not find it in breach.
On this point we investigated YouTube ad (b) under CAP Code (Edition 12) rules 18.5 18.5 Marketing communications must neither link alcohol with seduction, sexual activity or sexual success nor imply that alcohol can enhance attractiveness. (Alcohol) but did not find it in breach.
Action
No further action required.
