Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A Tweet by Savannah Café Bar, dated 20 March 2018, stated “Notice to all our Pilsner heads”. The post featured an image on which text stated “TIME FOR A CHANGE YOU MAY HAVE NOTICED YOU CAN’T SEE SHARP’S PILSNER ON THE BAR ANYMORE… REST ASSURED IT’S STILL THERE, JUST WITH A BIT OF REBRANDING … IT’S ALSO SLIGHTLY LESS STRONG, SO ITS MORE SESSIONABLE (ABV: 4.8%). The image also featured a pint and a can of Offshore Pilsner beer.
Issue
The ASA challenged whether:
1. the ad breached the Code because it implied that an alcoholic drink which was not low-alcohol may be preferred because of its alcohol content; and
2. the claim “it’s more sessionable” was socially irresponsible because it encouraged excessive drinking.
Response
1. & 2. Savannah Cafe Bar said that when they created the ad and claimed the beer had a lower ABV and was thus more sessionable, they were looking to show the new product was a positive initiative, because the previous product was stronger with a 5.2% ABV. They said customers had often found the original beer too strong due to the high alcohol volume, and it was harder to sell that product, and therefore the ad had been intended as a positive message, embracing the lower volume.
Savannah Cafe Bar acknowledged that on reflection the messaging in the ad had been problematic, and said they had taken steps to withdraw the ad from all platforms.
Assessment
1. Upheld
The CAP Code, which defined low alcohol as drinks that contained between 0.5% and 1.2% alcohol, stated that marketing communications must not imply that a drink may be preferred because of its alcohol content or intoxicating effect. It also stated that there was an exception for low-alcohol drinks, which may be presented as preferable because of their low alcoholic strength.
The ASA considered that the ad, which stated “TIME FOR A CHANGE” and “IT’S… SLIGHTLY LESS STRONG”, implied the new Offshore Pilsner might be preferred due to its lower alcoholic strength than the previous Pilsner beer. The advertised Offshore Pilsner, which contained 4.8% alcohol, was not a low alcohol drink and therefore did not fall under the exception allowing low-alcohol drinks to be presented as preferable due to their lower strength. We therefore concluded that the ad breached the Code.
On this point the ad breached CAP Code (Edition 12) rule
18.9
18.9
Marketing communications may give factual information about the alcoholic strength of a drink. They may also make a factual alcohol strength comparison with another product, but only when the comparison is with a higher-strength product of a similar beverage.
Marketing communications must not imply that a drink may be preferred because of its alcohol content or intoxicating effect. There is an exception for low-alcohol drinks, which may be presented as preferable because of their low alcoholic strength.
In the case of a drink with relatively high alcoholic strength in relation to its category, the factual information should not be given undue emphasis.
(Alcohol).
2. Upheld
The CAP Code required that marketing communications contained nothing that was likely to lead people to adopt styles of drinking that were unwise, including encouraging excessive drinking.
We considered that in the context of the ad, which emphasised the lower alcoholic strength of the new Pilsner beer, “it’s more sessionable” was likely to be understood to mean that Offshore Pilsner could be consumed in larger quantities and as part of a longer drinking session, because it was weaker than the previous Pilsner beer. For that reason, we concluded that the ad was irresponsible because it was likely to encourage styles of drinking alcohol that were unwise, including excessive drinking.
On this point the ad breached CAP Code (Edition 12) rule 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).
Action
The ad must not appear again in the form complained about. We told Savannah Cafe Bar that future marketing communications must not suggest products that were not low alcohol drinks may be preferred due to their lower alcoholic strength, and must contain nothing likely to lead people to adopt styles of drinking that were unwise, including encouraging excessive drinking.
