Background
Summary of Council decision:
Two issues were investigated, of which one was Upheld and one was Not upheld.
Ad description
A paid-for online display ad for Heineken 0.0, an alcohol-free beer, seen on 8 July 2024, featured an image of the Formula One race driver Max Verstappen holding a bottle of Heineken 0.0 beer. Text stated, “The best driver is the one who is not drinking”. Smaller text stated, “Unless it’s”, next to the bottle of Heineken 0.0 beer. Further text referred to the Drink Aware website bedrinkaware.co.uk, followed by “Enjoy Heineken responsibly”. A logo that stated, “When you Drive, Never Drink” was shown around a steering wheel and a bottle of five per cent Heineken. A Heineken logo was in the corner of the ad.
Issue
The complainant challenged:
- whether the ad failed to include a prominent statement of the product’s ABV (alcohol by volume) percentage and was therefore in breach of the Code; and
- whether the ad irresponsibly encouraged drink driving.
Response
1. Heineken UK Ltd t/a Heineken said the ad was part of their longstanding ‘When You Drive, Never Drink’ campaign, in partnership with Formula One. They said a bottle of Heineken 0.0 was clearly visible at the front and centre of the ad with a prominent blue label, a colour they said was associated with alcohol free variants. The wording on the bottle was used to finish the sentence so that the line read: “The best driver is the one who is not drinking. Unless it’s Heineken 0.0.”
Given the position of the Heineken 0.0 bottle, the use of colour associated with alcohol free products, and its overall sentiment, they believed it was clear the ad was for Heineken 0.0. However, they acknowledged that the logo in the bottom right corner was not a Heineken 0.0 logo and said they would use the Heineken 0.0 logo if the ad was to be used again in the future.
They further stated that research by Speero showed that 97% of people read the title of online content. Therefore, they believed that the vast majority of consumers who saw the ad would have read the title of the ad, which included the ABV content in the product name.
2. Heineken disagreed that the ad irresponsibly encouraged drink driving. They said the ad actively discouraged people from drinking alcohol and driving, and instead offered an alternative to consumers. The ad conveyed the message that people should not drink and drive, and that an alcohol-free alternative should be the only option for drivers. That was reinforced by the text, “The best driver is the one who is not drinking. Unless it’s Heineken 0.0.”They added that the “When You Drive, Never Drink” logo, which included a red line through a bottle of five per cent Heineken, was clear on the ad.
They further stated that there was no indication in the ad that Max Verstappen was about to drive. For instance, there was no image of a car or car keys. While Max Verstappen was closely associated with driving, he was not driving and was not in an environment that suggested he was about to drive.
Assessment
1. Upheld
The CAP Code stated that marketing communications for alcohol alternatives must include a prominent statement of their ABV. The ASA understood that some consumers did not wish to consume drinks with even trace amounts of alcohol, because there was a risk of physical or emotional harm. As descriptors such as ‘alcohol free’ were used for alcohol alternatives up to and including 0.5% ABV, the ABV of all alcohol alternative products should therefore be stated with reasonable prominence in the ad.
The only reference in the ad to ABV was the label on the bottle of Heineken 0.0 beer held by Max Verstappen. However, the bottle of Heineken 0.0 beer was relatively small, especially comparing the text on the label to the image of Max Verstappen, who was the focus of the ad. We therefore did not consider that was a sufficiently prominent statement of the product’s ABV.
Because the ad did not include a prominent ABV statement, we concluded that it was in breach of the Code.
On that point, the ad breached CAP Code rule (Edition 12) rule 18.19 (Alcohol alternatives).
2. Not upheld
The CAP Code stated that marketing communications for alcohol alternatives may depict the product in circumstances where consumption of alcoholic drinks would be inappropriate or unsafe – such as prior to driving or daring physical activities – if it was clear the product was an alcohol alternative. Marketing communications must not encourage or condone consumption of alcohol in the same circumstances or imply the product was alcoholic. Resemblance to an alcoholic drink was acceptable as long as the ad made explicitly clear the product featured was an alcohol alternative.
The ad featured a Heineken logo, rather than a Heineken 0.0 one, and a reference to the Drink Aware website, branding that was usually associated with alcoholic drinks, rather than alcohol alternatives. In addition, as set out in point one above, the only reference to ABV in the ad was the label on the bottle of Heineken 0.0 beer and we considered it was not sufficiently prominent.
However, the ad stated in prominent text “The best driver is the one who is not drinking”, with the smaller text “Unless it’s …” shown next to the product. The logo in the top right-hand corner of the ad stated, “When you Drive, Never Drink”. We considered the message of the ad, which also showed a product with blue labelling, distinct from Heineken’s usual green labelling, was likely to be understood as promoting a product that, as opposed to an alcoholic beer, could be drunk before driving, a situation where the consumption of alcohol would be unsafe. While the statement of the product’s ABV was not sufficiently prominent, we concluded that it was clear from the ad’s overall context that the product was an alcohol alternative and, as such, its depiction in circumstances where consuming alcohol would be unsafe did not breach the Code.
On that point, we investigated the ad under the CAP Code rule 18.20 (Alcohol alternatives), but did not find it in breach.
Action
The ad must not appear again in its current form. We told Heineken UK Ltd t/a Heineken to ensure their future marketing communications for alcohol alternatives included a prominent statement of their ABV.
