Ad description
An alcohol sales promotion on www.livingsocial.com, visited on 11 November 2011, stated "'Boys' Night In' with 12 Beers, Bottle of Vodka, Mixer, and Two Packs of Pringles, with Delivery (£21), or Two Bottles White Wine, Bottle of Vodka, Mixer, and Two Packs of Pringles, with Delivery (£23) ... Wouldn't parties be better if you could magically summon supplies? Well today's wizard deal from After Shottz will let you do just that with a 'Girls' Night In', or 'Boys' Night In' delivered to your door (within PO postcodes). If you fancy a spell of fun with the lads or the ladies, After Shottz will wave their wands and deliver all you need for a supernaturally good time. For just £21 the boys will receive 12 550ml cans of beer, a 70cl bottle of vodka, a two-litre bottle of mixer, and two packs of Pringles (a £46 value). While girls can treat themselves to two bottles of white wine, a 70cl bottle of vodka and a two-litre bottle of mixer, and two packs of Pringles for just £23 (a £46 value). After Shottz supplied parties are the stuff of legend so grab today's deal and conjure up all the ingredients for a perfect boys' or girls' night in - no need to say 'abracadabra'".
Issue
The complainant challenged whether the ad was socially irresponsible, because it encouraged excessive drinking.
Response
LivingSocial said the promotion offered a 'boys' night in' or 'girls' night in' package, which comprised 12 x 550 ml cans of beer, a 70 cl bottle of vodka, a two litre bottle of mixer and two tubs of Pringles, for £21 (Boys' Night In) and two bottles of white wine, a 70cl bottle of vodka, a two litre bottle of mixer and two tubs of Pringles, for £23 (Girls' Night In). They said the terms of the promotion made clear that there was a limit of one voucher per group per visit and said the description of the offer and the terms made clear that the promotion was intended for groups: for instance, it referred to a "boys' night in" or "girls' night in", which was plural, and used copy such as "a spell of fun with the lads or the ladies", "the boys will receive … While girls can treat themselves", "After Shottz parties are the stuff of legend …". They said that was intended to clearly position the promotion as one for groups of friends to enjoy, in a sociable and civilised environment.
They said the promotion was limited to a maximum of one per person, so one person could not purchase two or more of these promotions, even with the intention of redeeming them over a period of time. They did not consider that the quantity of alcohol in the offer was in and of itself irresponsible, because consumers might legitimately purchase 70 cl bottles of sprits and/or multi-packs of beer. They recognised that people might use the promotion irresponsibly, but felt that went against the spirit of the promotion and how they had presented it. They said that the merchant, After Shottz, carried very prominent links to Drink Aware and the NHS Choices website on their website, and to the Northern Ireland Know Your Limits website. They also operated a 'challenge 25' age verification policy.
Assessment
Not upheld
The ASA noted that the promotion offered the "ingredients for a perfect boys' or girls' night in" and stated “Wouldn't parties be better if you could magically summon supplies?”. We noted that the boys' package offered beer and the girls' package offered white wine, and considered that the references to “boys' night in” or “girls' night in” were primarily intended to describe the type of alcohol available in the respective packages. We noted that there was a limit of one voucher per group and considered that the offer targeted people throwing parties in their homes, rather than at individual drinkers and that the ad focused on how supplies for a house party could be conveniently delivered to the party location. We considered that the language used in the ad was generally measured and did not refer to, or overtly encourage, excessive drinking.
Because we considered that the promotion was targeting parties, where the pack would be divided between and consumed by a group of people, and because we considered that the language used in the ad was measured, we concluded the ad did not encourage excessive drinking, and was not socially irresponsible.
We investigated the ad under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising), 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. 18.3 18.3 Marketing communications must not imply that drinking alcohol is a key component of the success of a personal relationship or social event. The consumption of alcohol may be portrayed as sociable or thirst-quenching. and 18.10 18.10 Marketing communications that include a promotion must not imply, condone or encourage excessive consumption of alcohol. (Alcohol), but did not find it in breach.
Action
No further action necessary.
