Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A TikTok post for Lulu, a nightclub in Edinburgh, posted 10 April 2022, featured clips of women holding drinks, having drinks poured from bottles of spirits into their mouths, and dancing whilst in a nightclub. The post included the caption “Welcome to Lulu Edinburgh #fyp #nightclub #edinburgh”. The song “Coming in hot” by Andy Mineo and Lecrae played in the background and included the lyrics “… I shoot the shot … Shoot that, shoot that shot”.
Issue
The ASA challenged whether:
1. the ad was irresponsible because it encouraged excessive drinking and showed alcohol being handled irresponsibly; and
2. the ad breached the Code because it featured people who seemed to be, or who were, under the age of 25.
Response
1. & 2. Montpeliers (Edinburgh) Ltd t/a Lulu Edinburgh (Montpeliers) said that they accepted that some of the clips at the beginning of the post, while lasting only a couple of seconds, did not show responsible drinking. They acknowledged that some of the individuals featured in the post were not clearly over the age of 25.
They said that they had removed the post.
Assessment
1. Upheld
The CAP Code stated that marketing communications must be socially responsible and not contain anything that was likely to lead people to adopt styles of drinking that were unwise, including encouraging excessive drinking. Marketing communications also must not feature alcohol being served irresponsibly.
The ad featured two clips of women having drinks poured from bottles of spirits into their mouths, alongside clips of the women holding drinks and sitting by a large sharing cocktail. While the ASA acknowledged that some of the clips were brief, we considered that the ad showed alcohol being handled and consumed in an irresponsible manner and encouraged excessive drinking.
Whilst we welcomed Montpeliers’ willingness to remove the post, we concluded that the ad was irresponsible and therefore breached the Code.
On that point, the ad 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. and 18.11 18.11 Marketing communications must not feature alcohol being handled or served irresponsibly. (Alcohol).
2. Upheld
The CAP Code stated that people shown drinking alcohol or playing a significant role in an alcohol ad must neither be, nor seem to be, under 25 years of age.
The ad showed young women who appeared to be under the age of 25 drinking from bottles of spirits and holding drinks. We therefore concluded that the ad breached the Code.
On that point, the ad 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).
Action
The ad must not appear again in its current form. We told Montpeliers (Edinburgh) Ltd t/a Lulu Edinburgh to ensure that their future ads did not encourage excessive drinking or show alcohol being handled irresponsibly. We also told them to ensure their future ads did not feature people who were or appeared to be under 25 years of age.
