Ad description
A regional press ad for London Oktoberfest, seen on 2 September 2015, featured a young woman in traditional Bavarian dress holding a glass of beer in her outstretched arms. The ad stated "Thursdays ‘special beer girls’ - beautiful ‘heidies’ [sic]".
Issue
The complainant challenged whether the ad breached the Code because the model featured appeared to be under 25 years old.
Response
London Oktoberfest Ltd said at the time the photo was taken, the model featured was 25 years old. They also said that the woman was not drinking but only holding a glass of beer.
Assessment
Upheld
The ASA noted the CAP Code required that people shown drinking alcohol or playing a significant role in a marketing communication must neither be, nor seem to be, under 25 years of age and we considered that the model featured appeared to be younger than 25 years old. We acknowledged that although the model holding the glass of beer was not drinking, we considered that as the only person appearing in the ad she was playing a significant role. Because the person appeared to be under the age of 25, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 18.16 18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking. (Alcohol).
Action
The ad must not appear again in its current form. We told London Oktoberfest Ltd to ensure that those playing a significant role in its advertising must neither be, nor seem to be, under 25 years of age.
