Background
Summary of Council decision:
Three issues were investigated, of which one was Not upheld and two were Upheld.
Ad description
Two posters on an outdoor digital loop, seen on 23 October 2015, and claims on a website, seen on 5 November 2015, for Freixenet wine. The posters were part of a set of four; two featured a couple and the other two, a group of friends.
a. One poster featured a young couple dancing, with the product superimposed to the side of the image. Text at the top stated "Be Freixenet".
b. Another poster showed the same couple passionately kissing. The product was superimposed at the side of the image and the same text appeared at the top of the poster.
c. Claims on the home page of www.freixenet.co.uk stated “Life by Freixenet Because life doesn’t just revolve about wine (or maybe it does)”. Text on the Blogs page stated “‘Be Freixenet’ is our new campaign that embraces a ‘carpe diem’ attitude … And what could be more enjoyable and authentic in life than celebrating all those life moments, no matter how big or small. Moments that might be made more fun with a bottle of Freixenet fizz. Somehow any moment is made just that bit more fun, just that bit more exciting and crazy, when it’s accompanied with our bubbles. Be spontaneous, be yourself … be Freixenet”.
Issue
The complainant challenged whether:
1. ads (a) and (b) were in breach of the Code, because they linked alcohol with seduction, sexual activity or sexual success;
2. the claim “Because life doesn’t just revolve about wine (or maybe it does)” in ad (c) implied alcohol might be indispensable or take priority in life; and
3. the claims “Moments that might be made more fun with a bottle of Freixenet fizz” and “Somehow any moment is made just that bit more fun, just that bit more exciting and crazy, when it’s accompanied with our bubbles” in ad (c) implied that drinking alcohol was a key component to the success of a personal relationship or social event.
Response
1. Freixenet UK Ltd said the aim of the "Be Freixenet" campaign was to encourage people to enjoy the little moments in life and to be spontaneous. The posters of the couple dancing (a) and kissing (b) were designed to capture that sense of spontaneity and the fun that came from a simple moment in a person's routine. They believed that, although the couple were young and attractive, the images were not overtly sexual and the ads did not link alcohol with sexual behaviour or imply that the couple were more sexually attractive because of alcohol.
2. & 3. Freixenet UK explained that the claim “Because life doesn’t just revolve about wine (or maybe it does)” in ad (c) was intended to be a humorous take on the same themes of spontaneity and celebrating small moments, but they recognised that in hindsight it was inappropriate for an ad for an alcoholic drink. They also acknowledged that, although not the intention, the claims "Moments that might be made more fun with a bottle of Freixenet fizz” and “Somehow any moment is made just that bit more fun, just that bit more exciting and crazy, when it’s accompanied with our bubbles” might be understood to imply that Freixenet was a key component of a social occasion. They removed all the three claims from their advertising and said they would not use them again.
Assessment
1. Not upheld
The ASA noted poster (a) featured the couple dancing together in the street and poster (b) showed the same couple kissing at an indoor event. They were wearing different clothing and, other than the posters appearing on a digital loop, there was no suggestion that the kiss, which was not overtly sexual, had followed the dance or that it was the result of alcohol consumption. Neither poster showed the couple drinking nor was there any implication that alcohol was the reason for the relationship or that the alcohol had enhanced their attractiveness to each other. We considered consumers would understand the pictures simply represented two moments in the couple’s life, for which Freixenet would be a way to celebrate and remember the moment.
We considered that the posters did not link alcohol with sexual activity, sexual success or seduction or imply that alcohol could enhance attractiveness and therefore concluded that they did not breach the Code.
On this point, we investigated posters (a) and (b) under CAP Code (Edition 12) rules 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 18.5 18.5 Marketing communications must neither link alcohol with seduction, sexual activity or sexual success nor imply that alcohol can enhance attractiveness. but did not find them in breach.
2. & 3. Upheld
We noted the claim “Because life doesn’t just revolve about wine (or maybe it does)” (ad c) was intended to be humorous, but nonetheless considered that the overall impression was that wine was an indispensable part of life and took priority. We also considered that the claims “Moments that might be made more fun with a bottle of Freixenet fizz” and “Somehow any moment is made just that bit more fun, just that bit more exciting and crazy, when it’s accompanied with our bubbles” emphasised the role Freixenet would play in special moments in life and gave the impression that, rather than a legitimate accompaniment to those occasions, was essential to the success of the event. We welcomed Freixenet's prompt removal of the claims and their assurance that they would not use them in the future, but concluded that, because the claims implied alcohol might be indispensable or take priority in life and that alcohol was a key component of the success of a social event, the ad had breached the Code.
On this point, the claims breached CAP Code (Edition 12) rules 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 18.6 18.6 Marketing communications must not imply that alcohol might be indispensable or take priority in life or that drinking alcohol can overcome boredom, loneliness or other problems. (Alcohol).
Action
Ad (c) must not appear again in its current form. We told Freixenet UK Ltd to ensure that future ads did not imply alcohol might be indispensable or take priority in life or that it was a key component of the success of a social event.
