Ad description
Three Facebook posts for Tennent’s Lager:
a. A post on Tennent’s Lager’s Facebook page, dated 17 February 2022, featured an image of a glass of Tennent’s lager with text which stated “The Thursday night pre-gig, post-fives hero… Tennent’s Light. Just 114 calories a pint […]”
b. A post on Tennent Lager’s Facebook page, dated 10 May 2022, featured an image of a bottle of Tennent’s Light lager with text which stated “THIS is Scotland’s lowest calorie lager [tick symbol] 60 calories a bottle [tick symbol] Big taste.”
c. A paid-for Facebook post, seen on 17 June 2022, featured text which stated “Fancy a cold one? This wee cracker is just 66 calories a bottle. Order yours here today”. Below was an image of someone opening a bottle of the product.
Issue
The ASA challenged whether the claims “Just 114 calories a pint” in ad (a), “THIS is Scotland’s lowest calorie lager [tick symbol] 60 calories a bottle” in ad (b), and “just 66 calories a bottle” in ad (c) were nutrition claims that were not permitted for alcoholic drinks.
Response
Tennent Caledonian Breweries UK Ltd t/a Tennent’s said they were aware of the ASA’s guidance and having reviewed the ads they recognised that the words “just” and “lowest calorie” that preceded their calorie statements in the claims could be interpreted to suggest that the product held a particular beneficial nutritional property of being low in calories.
Tennent’s said they did not intend to market the product with any nutritional claims, but rather they were motivated to present consumers with enhanced product information in order to facilitate consumer decision-making. They said the ads had been withdrawn and they had also removed the word “just” and references to “lowest calorie” or equivalent wording in connection with presenting calorie content information in their future ads. They said going forward, they would list only factual calorie content in their ads.
Assessment
Upheld
The CAP Code required that only nutrition claims authorised on the Great Britain Nutrition and Health Claims register were permitted in marketing communications. It defined a nutrition claim as any claim which stated, suggested or implied that a food (or drink) had particular beneficial nutritional properties due to the amount of calories, nutrients or other substances it contained, did not contain, or contained in reduced or increased proportions. The CAP Code further required that the only permitted nutrition claims that could be made in relation to alcohol were “low alcohol”, “reduced alcohol” and “reduced energy”. The CAP Code allowed that ads for alcoholic drinks could give factual information about product contents.
The ASA acknowledged that it was permissible for advertisers to make factual numerical statements about the calorific content of an alcoholic drink in their advertising, such as “66 calories a bottle”. However, the ads stated “Just 114 calories” in ad (a), “THIS is Scotland’s lowest calorie lager [tick symbol] 60 calories a bottle” in ad (b) and “just 66 calories a bottle” in ad (c). We considered that by preceding the claims about the calorie content of the product with the word “just” or a tick symbol and the statement “Scotland’s lowest calorie lager”, they would be understood by consumers to mean that the product had the particular beneficial nutritional property of being low in calories (i.e. energy). The claims were therefore nutrition claims equivalent to a ‘low calorie/energy nutrition claim’, which were not permitted in relation to alcohol.
We welcomed Tennent’s action in withdrawing the ads. However, because the claims that the product was low in calories were not permitted nutrition claims for alcoholic drinks, we concluded that ads (a), (b) and (c) breached the Code.
The ads breached CAP Code (Edition 12) rules
15.1
15.1
Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the applicable register. Claims must be presented clearly and without exaggeration.
15.1.1
15.1.1
Only nutrition claims listed in the applicable register may be used in marketing communications.
Only health claims listed as authorised in the applicable register, or claims that would have the same meaning to the consumer, may be used in marketing communications.
(Food, food supplements and associated health or nutrition claims) and
18.17
18.17
Marketing communications may give factual information about product contents, including comparisons, but must not make any health, fitness or weight-control claims.
The only permitted nutrition claims are "low-alcohol", "reduced alcohol" and "reduced energy" and any claim likely to have the same meaning for the consumer.
(Alcohol).
Action
The ads must not appear again in the forms complained of. We told Tennent Caledonian Breweries UK Ltd t/a Tennent’s not to make non-permitted nutrition claims about alcoholic drinks in their advertising.
