Background
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
Two ads (one Instagram and one website) promoted a drinking card game.
a. A paid-for ad on Instagram, for a drinking card game, seen on 4 November 2022 stated, “UK’s most irresponsible drinking game Spice up your pre-drinks, parties, stag dos and hen dos with an easy to play but brutally exciting drinking game. Warning: This game is NOT for snowflakes” and showed an image of a full beer glass with a face on the side which had crosses for eyes and a sloping mouth.
The ad also featured three images of the game. The first was a pack shot of the product which included the claim “The drinking game you’ll never remember” with the strapline “DRUNKH.com Brutal drinking game”. The second was headlined “For the PRE-DRINKERS” with the strapline “DRUNKH.com Designed for the party goers”. It featured one of the game cards and the dare: “Open Instagram. Comment [flame emoji] on the first post to appear or take a shot”. The third was headlined “Not for the SNOWFLAKES” with the strapline “DRUNKH.com “Not for the faint of heart”. It featured another game card which stated, “Decipher who has the highest body count. They’re a legend. They get to nominate two other players to drink”.
b. Ad (a) linked to a website which featured the beer glass with the face and stated “HANGOVER GUARANTEED. DRUNKH is a no fuss, no bullshit drinking game. We've taken away confusing rules, because who understands those when you're pissed? Draw a card, do what it says. Brutal drinking game for parties, stag dos and hen dos. Get DRUNK with DRUNKH!”
Issue
The complainant challenged whether ad (a) was irresponsible and the ASA challenged whether ad (b) was irresponsible because they:
1. encouraged excessive drinking;
2. portrayed drinking alcohol as a challenge, encouraged irresponsible and anti-social behaviour and linked alcohol with daring behaviour; and
3. suggested that alcohol was a key component to the success of a social event.
4. The complainant also challenged whether ad (a) was inappropriately targeted at people under 18 years of age.
Response
1., 2. & 3. DrunkH Ltd said they were new to the market and were not aware of the rules. They said they had ended all paid-for advertising for the game.
4. DrunkH said that, because of an oversight, they were not aware that the ad had been targeted at people aged under 18 years. They apologised and said they would take steps to ensure that did not happen in future.
Instagram said ad (a) breached their policies and had been removed.
Assessment
1. Upheld
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. It also stated that marketing communications which included a promotion must not imply, condone or encourage excessive consumption of alcohol.
We considered that the image of the beer glass with a face suggested someone who was inebriated, and the references to “the UK’s most irresponsible drinking game” and “The drinking game you’ll never remember” in ad (a) and the claims “hangover guaranteed”, “when you’re pissed” and “Get DRUNK” in ad (b) condoned and encouraged excessive drinking and were therefore irresponsible and breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rule 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).
2. Upheld
The CAP Code stated that drinking alcohol must not be portrayed as a challenge and that marketing communications must neither show, imply, encourage or refer to unruly, irresponsible or anti-social behaviour nor link alcohol with brave or daring people or behaviour.
We noted that the advertised game encouraged participants to drink alcohol and complete dares and considered lines such as “UK’s most irresponsible drinking game”, “brutally exciting drinking game”, “Warning: This game is NOT for snowflakes”, “Brutal drinking game”, “Not for the SNOWFLAKES”, “Not for the faint of heart” and showing the “dare” cards portrayed drinking alcohol as a challenge. Furthermore, we considered that the ads encouraged people to behave in irresponsible and daring ways when drinking alcohol.
Because ad (a) portrayed drinking alcohol as a challenge and linked it with irresponsible and daring behaviour, we concluded that it was irresponsible and breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rule 18.4 18.4 Drinking alcohol must not be portrayed as a challenge. Marketing communications must neither show, imply, encourage or refer to aggression or unruly, irresponsible or anti-social behaviour nor link alcohol with brave, tough or daring people or behaviour. (Alcohol).
3.Upheld
The CAP Code stated that marketers must not show or imply that alcohol was a key component for the success of a social event.
We considered that readers would understand the claim “Spice up your pre-drinks, parties, stag dos and hen dos” to mean that playing the drinking game was a significant factor in the success of those events or similar social events. Furthermore, we considered that the claims “For the pre-drinkers”, “for the party goers”, “Not for the SNOWFLAKES” to mean that drinking alcohol as part of the game was an integral part of the events. We therefore considered that the ad (a) implied that alcohol was a key component of the success of social events.
The ads breached CAP Code (Edition 12) rule 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. (Alcohol).
4. Upheld
The CAP Code required that ads that featured or referred to alcoholic drinks were not directed at people under 18 years of age through the selection of media or the context in which they appeared.
We understood that the ad had been served to people aged between 16 and 32 years and understood that it had not been directed only to people aged over 18. We concluded the advertisers had not taken sufficient care to ensure that the ad was not directed at people under 18 years and it therefore the ad breached the Code.
Ad (a) breached CAP Code (Edition 12) rule 18.15 18.15 Marketing communications must not be directed at people under 18 through the selection of media or the context in which they appear. No medium should be used to advertise alcoholic drinks if more than 25% of its audience is under 18 years of age. (Alcohol).
Action
The ads must not appear again in the form complained of. We told DrunkH Ltd to ensure their future ads contained nothing that was likely to lead people to adopt styles of drinking that were unwise, encourage irresponsible or anti-social behaviour, portray drinking alcohol as a challenge or suggest that alcohol was a key component of the success of a social event. We also told them to ensure that ads referring to alcoholic drinks were not directed at people under 18 years of age.
