Ad description
A website and two Facebook posts for Buddha Lounge Tynemouth, seen on 31 March 2018:
a. The website www.buddhaloungetynemouth.co.uk, included a “BUDDHA BOTTOMLESS BRUNCH” menu, which provided a choice of three “BUDDHA BOX” food options, and stated “ENJOY BOTTOMLESS PROSECCO” and “PER PERSON ONLY £29”. Text in a smaller font at the bottom of the page stated *Available every day (Friday & Saturday until 6pm. Last sitting 4pm) … Bottomless Prosecco subject to a maximum of a 2 hour sitting”.
b. The first Facebook post, dated 22 March 2018, stated “Our bottomless Brunch Menu!”, and featured an image of the menu as described in ad (a).
c. The second Facebook post, dated 26 March 2018, stated “Buddha Bottomless Brunch includes unlimited Prosecco!”, and contained an embedded video which featured Prosecco being poured over and cascading down a pyramid of glasses. It also featured close up shots of Prosecco being poured to the top of a glass and the bubbles overflowing.
Issue
The complainant challenged whether the unlimited Prosecco offer in the ads was socially irresponsible because it encouraged excessive drinking.
Response
Buddha Lounge Tynemouth did not respond to the ASA’s enquiries.
Assessment
The ASA was concerned by Buddha Lounge Tynemouth’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rules 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
Upheld in relation to ad (c) only
The CAP Code stated that marketing communications must be socially responsible and must contain nothing that was likely to lead people to adopt styles of drinking that were unwise. The CAP Code also stated that marketing communications which included a promotion must not imply, condone or encourage excessive consumption of alcohol.
We understood that the advertised bottomless brunch offer included a meal and unlimited prosecco during a two-hour sitting. Ads (a) and (b) presented the bottomless brunch offer in a factual and neutral tone and made clear that the prosecco was served alongside food in a restaurant setting. In that context we considered they did not contain anything that encouraged excessive or irresponsible drinking, or unduly emphasised the unlimited prosecco offering. We therefore concluded that they did not condone or encourage excessive consumption of alcohol.
We considered that the video featured in ad (c) showing prosecco being poured until overflowing and cascading down a pyramid of glasses, together with the post “Buddha Bottomless Brunch includes unlimited Prosecco!”, placed undue emphasis on the bottomless prosecco element of the offer. We also considered the video suggested an abundance of free-flowing alcohol and glamorised the prosecco element, because the context in which it was presented resembled high tea settings that were elegant and opulent.
For the above reasons, we concluded that ad (c) was likely to imply, condone or encourage excessive consumption of alcohol, and lead people to adopt styles of drinking that were unwise. We therefore considered that ad (c) was irresponsible and breached the Code.
Ad (c) breached CAP Code (Edition 12) rules 8.5 8.5 Promotions must not be socially undesirable to the audience addressed by encouraging excessive consumption or irresponsible use. (Promotional marketing), 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. and 18.10 18.10 Marketing communications that include a promotion must not imply, condone or encourage excessive consumption of alcohol. (Alcohol).
We also investigated ads (a) and (b) under CAP Code (Edition 12) rules 8.5 8.5 Promotions must not be socially undesirable to the audience addressed by encouraging excessive consumption or irresponsible use. (Promotional marketing), 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. 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 them in breach.
Action
Ad (c) must not appear again in its current form. We told Buddha Lounge Tynemouth to ensure future marketing communications relating to alcohol were socially responsible and did not imply, condone or encourage excessive consumption of alcohol. We referred the matter to the CAP Compliance team.
