Background
Summary of Council decision:
Four issues were investigated of which three were Upheld and one was Not upheld.
Ad description
The Facebook page for Fireball Whisky showed various ads:
a. showed a young woman pouring alcohol from two bottles. Text stated "How many bottles would you need to last the whole night?";
b. showed a young man lying face down on a bed;
c. was a poster in the style of "Keep Calm and Carry On". Text stated "TAKE A SHOT AND IGNITE THE NITE". A caption stated "Like if you think this is a good plan for the weekend!";
d. was a status update. Text stated "What are your Fireball stories from the weekend (or any weekend)? Best ones win Fireball freebies!" Responses were posted underneath and included comments such as "Last week went to Las Vegas and saw guns n roses play for 3 and a half hours. Thanks to the bottle of fireball I had beforehand I only remember the first 7 songs"; "HAD FIREBALL + APPLE J AND SPEWED IN A BUSH. FREEBIE?" and "Went back to the bar so many times for some Fireball and Apple Juice the guy sold me the bottle so I could have it at my table instead. Fair to say, my memory is hazy. Woke up hugging said bottle, and my shoes in the shower";
e. showed three young women drinking alcohol;
f. showed four teddy bears on a bed with the advertiser's logo; and
g. was a status update. Text stated "DEAR STUDENTS - Exams and coursework getting you down? Like this status and tell us why we should send you some Fireball and freebies to keep you going!"
Issue
The Youth Alcohol Advertising Council (YAAC) challenged whether:
1. ads (a), (b), (c) and (d) were socially irresponsible because they promoted excessive drinking;
2. ad (e) breached the CAP Code because the people shown appeared to be under 25;
3. ad (f) was likely to appeal to people under 18; and
4. ad (g) suggested that the product was capable of changing mood and enhancing mental capabilities.
Response
1. Fireball said "TAKE A SHOT ..." in ad (c) referred to one shot, which they believe equated to significantly less than one unit of alcohol. Because of that, they did not believe the ad promoted excessive drinking.
They said the text "What are your Fireball stories from the weekend (or any weekend)? Best ones win Fireball freebies!" in ad (d) asked for stories which involved Fireball to be shared but they did not believe it suggested either implicitly or explicitly that an excessive amount of alcohol must be drunk.
Fireball did not comment specifically on ads (a) or (b).
2. Fireball did not comment specifically on this point.
3. Fireball said a user needed to be over 18 years old to follow their Facebook page. They said the only way to circumvent that was for a user to enter an incorrect date of birth on their Facebook profile. Fireball said they continually monitored their users to ensure their followers were over 18 and had removed users in the past where there was doubt that they met that requirement. For those reasons, they did not believe that the ad was likely to appeal to people under 18.
4. Fireball did not comment specifically on this point.
Fireball said they were concerned that ads (b), (c), (d), (e) and (f) were posts that had been uploaded by Facebook users and that for Fireball to remove them would be tantamount to censorship and against the fundamental right to freedom of speech. Regardless of that, however, they said they had removed all the ads that were the subject of the investigation until the ASA Council had made their decision on whether or not they were in breach of the CAP Code.
Assessment
The question posed in ad (d) was text that had been posted by Fireball. The responses to it, and the pictures in ads (b), (c), (e) and (f), had been adopted by Fireball. Because of that, we considered the material fell within the remit of the CAP Code. The ASA welcomed the action Fireball had taken to remove the ads until the ASA Council had made their decision on whether or not they were in breach of the CAP Code.
1. Upheld (in relation to ads a, b and d only)
The CAP Code required marketing communications to be socially responsible and contain nothing that was likely to lead people to adopt styles of drinking that were unwise or encourage excessive drinking. Ad (a) showed a woman holding bottles upside down to pour what appeared to be spirits into large glasses (i.e. not shot glasses) with a casual approach. We considered the image showed alcohol being handled irresponsibly and that an abundance of alcohol was available to be consumed. Because of that, we concluded that ad (a) promoted excessive drinking and was irresponsible and in breach of the Code.
We considered ad (b) glorified the idea that the man had consumed a large amount of alcohol and was intoxicated. Because of that, we concluded that ad (b) promoted excessive drinking and was irresponsible and in breach of the Code.
We considered ad (c) suggested that the consumption of alcohol could be part of a sociable evening but that the text "TAKE A [singular] SHOT ..." did not necessarily suggest the consumption of excessive alcohol or multiple drinks. Because of that, we concluded that ad (c) did not promote excessive drinking and did not breach the Code.
The text "What are your Fireball stories from the weekend (or any weekend)? Best ones win Fireball freebies" in ad (d) had resulted in respondents referring to situations which had involved excessive drinking. We considered that, while the request for "Fireball stories" would not necessarily be associated with excessive drinking and the rest of the question made no direct reference to excessive drinking, the responses glorified the idea that people had consumed large amounts of alcohol and had become intoxicated. Because of that, we concluded that ad (d) promoted excessive drinking and was irresponsible and in breach of the Code.
On this point, ad (a) breached CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 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 18.11 18.11 Marketing communications must not feature alcohol being handled or served irresponsibly. (Alcohol).
On this point, ads (b) and (d) breached CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 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).
On this point, we investigated ad (c) under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 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) but did not find it in breach.
2. Upheld
Fireball had supplied no evidence that showed the people featured in ad (e) were above the age of 25. We considered they would be thought by many consumers to be under the age of 25. For those reasons, we concluded that ad (e) was in breach of the Code.
On this point, ad (e) breached CAP Code (Edition 12) rule 18.16 18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking. (Alcohol).
3. Not upheld
We acknowledged that Fireball had an age-gate mechanism in place for their Facebook page. Notwithstanding that, while teddy bears might appeal to children, we considered the overall content and context of ad (f) was unlikely to have particular appeal for people under 18 and to encourage them to drink. Because of that, we concluded that ad (f) did not breach the Code.
On this point, we investigated ad (f) under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 18.14 18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage the young to drink. People shown drinking or playing a significant role (see rule 18.16 18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking. should not be shown behaving in an adolescent or juvenile manner. (Alcohol) but did not find it in breach.
4. Upheld
The CAP Code stated that marketing communications must not imply that alcohol can enhance mental or physical capabilities. We considered the text "DEAR STUDENTS - Exams and coursework getting you down? Like this status and tell us why we should send you some Fireball and freebies to keep you going!" suggested Fireball would have a positive effect on the recipients' mental and/or physical abilities. Because of that, we concluded that ad (g) was in breach of the Code.
On this point, ad (g) breached CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 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 18.7 18.7 Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol must not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment. Marketing communications must not imply that alcohol can enhance mental or physical capabilities; for example, by contributing to professional or sporting achievements. (Alcohol).
Action
Ads (a), (b), (d), (e) and (g) must not appear again in their current form.
No further action necessary in respect of ads (c) and (f).
CAP Code (Edition 12)
1.3 18.1 18.11 18.14 18.16 18.3 18.7
