Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld, but one was upheld in part.
Ad description
Five Instagram posts on the Chivas Regal Whisky UK’s Instagram page:
a. The first post, dated 25 January 2022, opened with a voice-over which said, “These artists are paving their own unique way and finding success on their own terms.” It featured a video of the music artist Santino Le Saint being interviewed, interspersed with clips of young people in a music club setting. They were seen holding bottles of Chivas Regal whisky and drinking from branded Chivas cups while performing and dancing. During the interview Santino Le Saint was asked, “What has been your greatest success moment?” He replied, “I hit a million monthly listeners recently and it wasn’t really about the number for me it was about being able to hit that and then look at my boys and be like, we did that by ourselves.”
b. The second post, dated 27 January 2022, featured an image of Santino Le Saint drinking from a Chivas branded cup. Text stated, “chivasregaluk It was another roadblock night @princepeckham last Friday for the third Peckham Renaissance show […] We had @santinolesaint lay down a great set on the night...”.
c. The third post, dated 8 February 2022, featured clips of people in a music club setting along with music artist Kwaku Asante being interviewed. He was asked what was in his cup and he replied Chivas Regal in an exaggerated manner. He discussed leaving his university degree to pursue a music career. He was asked about how he defined success and who he liked to share his success with.
d. The fourth post, dated 24 March 2022, featured a video which opened with on-screen text which stated, “IT’S TIME TO CELEBRATE NEW PATHS TO SUCCESS.” It featured various music artists including Santino Le Saint, J Grrey and Sam Wise and other young people in a music club setting being interviewed and talking about their careers while drinking from Chivas branded cups, holding Chivas Regal whisky bottles and drinking from them. It also included clips of scenes from ads (a) and (c). Text at the end of the video stated, “IT’S TIME TO CELEBRATE.”
e. The fifth post, dated 23 March 2022, featured close up images of a bottle of Chivas Whisky and its branding. Text stated, “There’s a story behind every bottle of Chivas 25. Originally created in 1901 and revived over a century late, it’s truly the original luxury whisky for ultimate success”.
Issue
The ASA challenged whether ads:
1. (a), (b), (c) and (d) were irresponsible and breached the Code because they featured someone who was or seemed to be under 25 years of age; and,
2. (a), (c), (d) and (e), were irresponsible and breached the Code because they implied that alcohol could enhance mental or physical capabilities; for example, by contributing to professional achievements.
Response
1. Pernod Ricard UK t/a Chivas Brothers International Ltd (as distributors of the Chivas Regal brand) said the content of the posts was filmed at one venue, the Prince of Peckham over the course of a month with a performer interviewed each Friday evening.
Pernod Ricard UK said on investigating the posts, they found out that one of the performers featured in the post, Santino Le Saint, was under 25 at the time the ads were seen. The rest of the performers were aged 25 to 28 years. They also said the interviewer, Bisola Otun was aged 21 at that time. Chivas Regal said their standard practice was to have contracts in place with the agency responsible for a campaign which specifically stated that no one under 25 should be featured prominently, but on this occasion that was not adhered to.
2. Pernod Ricard UK said the intention of the ads was to celebrate the success that different individuals had achieved. They said at no point in any of the interviews did the artists refer to alcohol as being key to, or having any role in, the success they had achieved. They said the consumption of the whisky was designed purely to be a moment of celebration and when the alcohol was present and being consumed in the videos, there was no suggestion that it was integral to the success depicted. Being a licensed venue, it was in keeping with the location.
Pernod Ricard did not accept that alcohol was shown as integral to the success of the occasion or that it contributed to the success of the performers featured.
Regarding ad (e) they said the claim, “the original whisky for ultimate success” was intended to align with the Chivas positioning of celebrating the success of others. They said they accepted the wording could be misread as implying an element of causation and had taken action to address the claim.
Assessment
1. Upheld
The CAP Code required that ads for alcoholic drinks should not show people who were, or appeared to be, under 25 years of age in a significant role.
Ads (a), (b) and (d) featured the artist Santino Le Saint who we understood was aged 24 at the time the ads were seen. He was featured holding an opened bottle of Chivas Regal whisky and drinking from a Chivas branded cup. Ads (a), (c) and (d) featured some of the artists being interviewed by Bisola Otun who we understood was aged 21 when the ads were seen. She was seen holding Chivas branded cups during the interviews and making toasts, as well as holding a bottle of Chivas whisky while interviewing and posing to take pictures with the music artists, which we considered made clear that she was also drinking. Santino Le Saint and Bisola Otun, as interviewee and interviewer, were the focus of the ads and the ASA considered they therefore each played a significant role. Because they were both under 25 years of age, we concluded the ads were in breach of the Code.
On that point, ads (a), (b), (c) and (d) 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).
2. Upheld in part
The CAP Code stated that marketing communications must not imply that alcohol can enhance mental or physical capabilities; for example, by contributing to professional or sporting achievements.
Ads (a), (c), (d) all featured music artists talking about their careers and successes in the industry. We understood that the posts were filmed in a music club on a Friday evening and included interviews with the various artists. One artist was asked “What has been your greatest success moment?”, and another was asked how he would define success and who he would like to share his success with. Both artists responded by referring to their music achievements and how they were positively perceived by their friends and those who worked in the music industry. We did not consider that during their interviews the artists portrayed or spoke about alcohol as enhancing their artistic capabilities or as contributing to their professional achievements.
We acknowledged that the Chivas branding and whisky were featured heavily in the posts and many of the artists were shown drinking from Chivas Regal branded cups, with bottles of the whisky on tables in the venue. However, we considered that the presence of the alcohol was in keeping with the event and along with the on-screen text in ad (d), which stated, “IT’S TIME TO CELEBRATE NEW PATHS TO SUCCESS”, we accepted that alcohol was a legitimate accompaniment to a celebration of the artists’ achievements.
Ad (e) stated, “it’s truly the original luxury whisky for ultimate success”. We considered the claim could be understood as implying that being a consumer of Chivas Regal whisky could enhance someone’s capabilities and status, enabling its drinkers to become more successful. We also considered that the description of the whisky as a “luxury”, further reinforced the implication that drinking the whisky could contribute to achieving success.
We therefore concluded that the claim “it’s truly the original luxury whisky for ultimate success” was irresponsible because it implied that alcohol could contribute to professional achievements.
Ad (e) breached the CAP Code (Edition 12) rule 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).
We also investigated ads (a), (c) and (d) under CAP Code (Edition 12) rule 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), but did not find them in breach.
Action
The ads must not appear again in the forms complained of. We told Pernod Ricard UK t/a Chivas Brothers International Ltd to ensure that future ads for alcoholic drinks did not show people who were under 25 years of age in a significant role and did not irresponsibly imply alcohol could contribute to professional achievements.
