Background
Summary of Council decision:
Two issues were investigated, of which was Upheld and one Not upheld.
Ad description
Two Instagram reels on alcohol brand Estrella Damm’s own account:
a. The first reel, posted 2 May 2024, featured an individual swimming in a pool. On-screen text stated, “Spring Vibes. Post de la Selva. 2024. Estrella Damm”. Bottles of beer were shown in a bowl as an individual walked by holding a bottle of beer. The ad then showed the individuals sunbathing by a pool, eating and playing table tennis. The next scene showed the individuals drinking bottles of beer on rocks by the sea and then jumping into the sea. The final scene showed a bottle of Estrella Damm beer. On-screen text stated, “Estrella Damm. The Beer of Barcelona”.
b. The second reel, posted 13 June 2024, featured three women sunbathing and on-screen text that stated, “Our first Primavera Sound. Barcelona 2024. Estrella Damm”. The next scenes showed two of the women holding glasses of beer and then swimming in a pool. The three women were shown sunbathing, with a bottle of beer by the side of the pool. The ad then showed the women at the Primavera music festival meeting friends, with various scenes of them dancing and laughing. The next scene showed a group of people running into the sea and laughing together on the beach. One woman was then shown holding a bottle of beer outside and another sipped from a bottle of beer. The final scene showed the women with their suitcases getting into a taxi. On-screen text stated, “Estrella Damm. The Beer of Barcelona” and a bottle of Estrella Damm beer was shown.
Issue
1. The ASA challenged whether ad (a) breached the Code because it irresponsibly linked alcohol with an activity or location in which drinking would be unsafe.
2. The complainant challenged whether ad (b) breached the Code because it featured people who were, or seemed to be, under 25.
Response
1. S.A. Damm t/a DAMM 1876 believed ad (a) did not promote unsafe or irresponsible drinking. They said the ad aimed to outline their brand’s link to Mediterranean culture by featuring a group of people enjoying a day on the Catalan coastline, which was characterized by pine groves and rocky bays.
They said that while the individuals were shown drinking from bottles on the rocks and then swimming, it was never implied that the bottles were beer bottles. The scene was taken with a distant shot that blurred the bottles, making them unidentifiable to the audience and therefore breaking the link between drinking alcohol and swimming. They said that culturally in Spain, alcohol consumption was associated with particular moments of the day. For example, this was shown in the ad by the individuals drinking beer as an aperitif to lunch in the first seconds of the ad and then as an aperitif to dinner at the end of the ad. In those scenes the beer bottles were featured in close shots where their brand was clearly visible on the bottles.
They explained that the ad was produced by one of their Spanish agencies where creatives were unfamiliar with UK ad regulation, and usually took the view that beaches or swimming were generally not considered as risk activities, particularly in the Mediterranean sea.They said they had deleted the ad and would not use similar images in the future.
2. DAMM 1876 said the models in ad (b) were all aged above 25 at the time of it being shot and they provided photographic identification for the models to confirm that. The ad showed a group of tourists experiencing their first time in Barcelona for the Primavera Sound music festival, of which DAMM 1876 was a sponsor and official beer brand.
They explained that the ad was intended to appeal to youth culture in a broad sense, including to people in their thirties, which was a target group both for their brand and for Primavera Sound music festival, of which 33% of attendees were aged 25 to 35 and 33% were aged 35 and older. They believed that demonstrated that attending a music festival should not be deemed as adolescent behaviour, but rather, as a shared leisure choice amongst those over 25.
They said it was often impossible to tell the age of individuals, for example, aged 20 to 28, and it would not be effective for an advertiser to use older models in order to avoid the risk of an individual with “youthful” looks being considered under 25.
Assessment
1. Upheld
The CAP Code stated that marketing communications must not link alcohol with activities or locations in which drinking would be unsafe or unwise.The ad showed three individuals drinking from bottles on rocks near the sea and after drinking from the bottles one of the individuals was shown jumping into the sea and swimming.
The ASA acknowledged that the shot of the three individuals drinking from bottles on the rocks was a distant shot, in which the labelling on the bottles was not clear. However, we considered that because clearly branded beer bottles were shown in the opening seconds of the ad, again in close-up shots while the individuals were eating lunch and lastly, in close-up shots at the end of the ad, it was clear that bottles of alcohol were shown in those scenes. As such, and in the overall context of an alcohol ad, we considered consumers were likely to understand that the individuals were also drinking alcohol on the rocks before jumping into the sea.
We therefore concluded there was a clear link in the ad between drinking alcohol on the coastline and swimming, which were activities in which drinking was unsafe or unwise. As such, the ad was irresponsible and breached the Code.
On that point, ad (a) breached CAP Code (Edition 12) rule 18.12 (Alcohol).
2. Not upheld
The CAP Code stated that people shown drinking alcohol or playing a significant role in a marketing communication for alcohol must neither be, nor seem to be, under 25 years of age.
The ad featured individuals attending a music festival in Barcelona. We considered that, while attending a music festival could be viewed by some to be a youthful activity, festivals were generally not exclusively attended by those under 25. We also took into account the data provided by DAMM 1876, which stated that 33% of the attendees of the Primavera Sound music festival were aged 25 to 35 and 33% were aged 35 and older, which we considered was reflective of the notion that attending a music festival was not exclusively an under-25 occurrence.
We also understood that the models featured in the ad were aged between 25 and 32 years. In addition, three of the models who played a significant role and who were shown holding bottles of alcohol and drinking them, were aged 25, 26 and 28. We therefore assessed whether those particular models seemed to be under 25 years of age and, in the overall context of the ad and given that their general appearance, although youthful, was not suggestive of being younger, concluded that they did not seem to be under 25 years of age.
We investigated ad (b) under CAP Code (Edition 12) rule 18.16 (Alcohol), but did not find it in breach.
Action
Ad (a) must not appear again in the form complained of. We told S.A. DAMM t/a DAMM 1876 to ensure that in their future advertising they did not link alcohol with swimming or other unsafe or unwise activities.
