Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A TikTok video seen on the @lasiguanascanterbury account on 19 April 2024, showed a clip of someone slipping on mud in the rain, quickly cutting to a clip of another person falling over but inside, with a glass in their hand, spilling their drink in the process. As they lay on the floor they said, “For £32.95 you too can leave bottomless brunch like this”. The caption on the post stated, “That’s a deal I say ;))) #canterbury #fail #marketing #viral #helpme”.
Issue
- Three complainants challenged whether the ad was irresponsible because it encouraged excessive drinking.
- The ASA challenged whether the ad breached the Code because the person featured was, or appeared to be, under 25 years of age.
Response
1. The Big Table Group Ltd t/a Las Iguanas said that the ad was intended to be a humorous and theatrical recreation of other videos involving people falling over, in keeping with a common theme developed by the Social Media Coordinator (who appears in the video) on the @lasiguanascanterbury account.
They said the theme was intended to be a fun and creative way to catch the attention of the viewer. They had not intended for the ad to encourage or condone excessive drinking but, in hindsight, understood how it could be perceived this way.
2. Las Iguanas confirmed that the individual who featured in the video was under 25 years of age at the time the ads were seen. She was a part-time Social Media Coordinator for the Canterbury restaurant and was selected to feature in the ad because of her popularity on social media and the restaurant’s customer base.
While they highlighted that she was not drinking, they accepted that she was the only person visible in the ad which was promoting a bottomless brunch. In hindsight they recognised that it was inappropriate for her to appear in the ad and acknowledged that it breached the code.
Las Iguanas said that they had removed the ad from the platform and were committed to updating their procedures and educating their workforce to prevent such content being produced and shared in future.
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.
The ASA understood that the ad was based on a common theme amongst the individuals’ videos on the @lasiguanascanterbury account which would show a person falling over and transition to the restaurant where the falling motion was recreated and continued. The ad showed the individual dramatically falling over with a drink in her hand, saying “For £32.95 you too can leave bottomless brunch like this” while lying on the floor. We considered that this condoned and encouraged drinking excessive quantities of alcohol and presented doing so as an acceptable and desirable way to leave a bottomless brunch.
While we welcomed Las Iguanas’ removal of the ad, we concluded that the ad was irresponsible because it encouraged excessive drinking and therefore breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 18.1 (Alcohol).
2. Upheld
The CAP Code stated that that people shown drinking alcohol or playing a significant role in a marketing communication for alcohol must neither be, nor seem to be, under 25 years of age.The only person featured in the ad was under the age of 25. We therefore concluded that the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 18.16 (Alcohol).
Action
The ads must not appear again in the form complained about. We told The Big Table Group Ltd t/a Las Iguanas to ensure that their future marketing materials did not encourage excessive or irresponsible consumption of alcohol. We also told them to ensure that their future marketing materials did not feature someone who was, or seemed to be, under 25 years of age.
