Ad description
A Facebook post on the Stag’s Breath Liqueur's page, dated 10 June 2022, stated, “Ha! Happy Friday everyone! #whiskyscotland #FunnyFriday #whskyjokes” [sic] accompanied by smiling face emojis. Below it featured text which stated, “Fixing a boo boo as a kid” with an image of a sticking plaster underneath. Text beneath that stated “Fixing a boo boo as an adult” with an image of a drink in a glass underneath.
Issue
The ASA challenged whether the ad was irresponsible because it implied that drinking alcohol could overcome problems and had therapeutic qualities.
Response
Meikles of Scotland Ltd t/a Stag’s Breath Liqueur said they apologised for the post and that their intention was not to imply that drinking would fix problems. They said they did not advocate drinking irresponsibly. They said the content used in the post had not been created by them, but was found online. It was used because it was the end of the working week and was intended to be light-hearted and humorous. Stag’s Breath Liqueur said their usual posts spoke to their existing customer base who knew them as a company and what they did, and that they also knew them to a certain extent. They said a post was seen by people who ‘liked’ someone’s page and followed them for updates and news. A paid for post - or advert - was seen by a random or chosen group of potential followers. They said they did not believe the post was an ad.
Stag’s Breath said they realised they should have been more careful and would never knowingly have encouraged anyone to drink more than was sensible. They said they would not share similar content again and the post was taken down on their being notified of the complaint.
Assessment
Upheld
The post appeared on Stag’s Breath Liqueur’s Facebook page which was non-paid-for space, under their control, and was directly connected with the supply of Stag’s Breath Liqueur’s goods and services. The ASA therefore considered it was a marketing communication within the remit of the CAP Code.
The CAP Code required that marketing communications must be socially responsible and must not imply that alcohol had therapeutic qualities or that drinking alcohol could overcome problems.
The ad featured an image of a sticking plaster underneath text which stated, “Fixing a boo boo as a kid” along with an image of a glass of alcohol beneath text which stated, “Fixing a boo boo as an adult”. We considered consumers would interpret the ad to mean that while a child would need only a plaster to “fix” a mistake or minor injury, in adulthood, alcohol could be used instead. We acknowledged that those who saw the post would understand it was intended to be light-hearted and humorous for the end of the working week, and we welcomed Stag’s Breath Liqueur’s action to remove the post. However, we nevertheless considered it presented drinking alcohol as a solution for difficulties and implied that it could help with overcoming problems in life and had therapeutic qualities.
We therefore concluded the ad was irresponsible and breached the Code.The ad breached CAP Code (Edition 12) rules 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. 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
The ad must not appear again in the form complained of. We told Meikles of Scotland Ltd t/a Stag’s Breath Liqueur to ensure that in future their ads did not imply that alcohol could overcome problems or had therapeutic qualities.
