Background
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
A website and three Instagram posts from the drinks device retailer The Chop Shop:
a. The website www.chopshoptm.com, was seen on 21 October 2021. Text at the top of the page stated “WELCOME TO THE CHOPSHOP. HOTTEST PRODUCTS AND APPAREL FOR STUDENTS”. Under the sub-heading “MORE BEER GEAR” were listed various designs of beer snorkel and funnel devices with names such as “Chopper Pack – Quad Adaptor and Four Snorkels”, “Starter Pack - Two Can Snorkels and One Adaptor”, “Can Snorkel”, “Bottle Snorkel” and “Signature Pink Beer Funnel”.
b. The first Instagram post, posted on 10 January 2021, contained a video of a man using a snorkel device to drink two bottles of wine in one go. Accompanying text stated “Hawaiian shirt, flat cap & a double rose? ... it’s a vibe” followed by the hashtags #chopshop #beersnorkel.
c. The second Instagram post, posted on 11 June 2021, showed numerous people using beer funnels to consume large quantities of beer in one go, whilst surrounded by cheering crowds of people. Accompanying text stated “Testing out new gear”.
d. The third Instagram post, posted on 16 June 2021, showed an image of Hasbulla Magomedov holding a bottle with a snorkel device fitted to its neck. Accompanying text stated “Custom miniature snorkel for this legend”.
Issue
City of Durham Parish Council, challenged whether:
1. ad (a) was irresponsible, because it encouraged excessive consumption of alcohol and featured alcohol being served irresponsibly; and
2. ad (a) breached the Code because it featured someone who was, or seemed to be, under 25.
The ASA challenged whether:
3. ads (b) and (c) were irresponsible because they encouraged excessive consumption of alcohol and featured alcohol being served irresponsibly; and4. ads (b), (c) and (d) featured someone who was, or seemed to be, under 25 years of age.
Response
The Chop Shop said they had taken steps to amend their advertising to address the issues raised.Assessment
1. & 3. 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 must also not feature alcohol being served irresponsibly.
Ads (a), (b) and (c) depicted people consuming excessive amounts of alcohol, including entire bottles of wine in one go, using the Chop Shop’s products. We considered that by featuring such behaviour and promoting the use of products designed to aid such consumption of alcohol, the ads encouraged excessive and irresponsible consumption of alcohol, as well as featuring the irresponsible handling and serving of alcoholic drinks.
While we welcomed The Chop Shop’s willingness to make changes to their advertising, we considered that ads (a), (b) and (c) had not been prepared in a socially responsible manner, and concluded that they breached the Code.
On that point, ads (a), (b) and (c) breached CAP Code (Edition 12) rules 1.3 (Social responsibility), and 18.1, 18.10 and 18.11 (Alcohol).
2. & 4. Upheld
The CAP Code stated that people shown drinking or playing a significant role must neither be, nor seem to be, under 25 years of age.Ad (a) featured various photos of the devices being used by people who appeared to be under the age of 25. Ad (b) contained a video of a man who appeared to be under the age of 25 using a funnel device to drink two bottles of wine in one go. Ad (c) showed numerous people using funnels to consume large amounts of alcohol in what appeared to be a student party setting. We considered that the people in the ad appeared to be under the age of 25, and that the setting reinforced their young age. Ad (d) featured an image of Hasbulla Magomedov, who we understood was 19 years old at the time the ad was seen. In addition, those who were unfamiliar with him were likely to assume he was significantly younger than 19 years of age.
We considered that ads (a), (b), (c) and (d) featured someone who was, or seemed to be, under the age of 25, and therefore concluded that they breached the Code.
On that point, ads (a), (b), (c) and (d) breached CAP Code (Edition 12) rule 18.16 (Alcohol).
Action
The ads must not appear again in their current form. We told The Chop Shop to ensure that future marketing communications were prepared in a socially responsible manner and did not feature the excessive consumption and irresponsible serving of alcohol. We also told them to ensure their ads did not feature people who were or appeared to be under 25 years of age.
