Background
Summary of Council decision:
Six issues were investigated, of which five were Upheld and one was Not upheld.
Ad description
Five ads seen on the Facebook page of a gin retailer in January 2016:
a. An image showed a banana and a gin and tonic with text stating “A banana 103 calories … Gin & Tonic 91 calories … Make an informed decision”.
b. A flowchart-style graphic headed “Guide to Happiness” stated “Are you happy?” and then presented optional answers, all of which led to the statement “Have a G&T”.
c. A black & white image showed a woman with a large bow in her hair drinking from a champagne glass into which liquid was being poured from a bottle, with text stating “GIN a traditional English breakfast”.
d. An image based on Where’s Wally encouraged readers to find a bottle of gin hidden within the picture.
e. An image showed a man wearing a Superman T-shirt in a hospital bed and a bottle of gin attached to an intravenous drip with text stating “The Doctor told me to keep my spirits up!".
Issue
1. Alcohol Concern challenged whether the claim in ad (a), which was a comparative nutrition claim, complied with the Code.
Alcohol Concern also challenged whether the ads were socially irresponsible because:
2. ad (b) suggested that the product was capable of changing mood and helping people overcome problems;
3. ad (c) showed a model who appeared to be under 18 years of age;
4. ad (d) was likely to appeal to under 18s;
5. ad (e) was likely to appeal to under 18s; and
6. ad (e) showed alcohol being served in an irresponsible manner
Response
The Gin Lab Ltd stated that they had removed all the ads in question except ad (a), as they did not agree with this point of complaint. They did not, however, provide any further explanation and they did not provide any substantive response to the issues raised in the complaint.
Assessment
1. Upheld
The ASA noted that according to Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation), which was reflected in the CAP Code, the only permitted nutrition claims that could be made for alcohol were “low-alcohol”, “reduced alcohol” and “reduced energy”. The Code required that comparative nutrition claims such as “reduced energy” must meet the conditions of use associated with the permitted claim and must compare the difference in the claimed nutrient to a range of foods of the same category.
The image showed a banana alongside text stating “103 calories”, directly above an image of a gin and tonic with text stating “91 calories”. Further text stated: “Make an informed decision”. Given the presentation and the invitation to make a decision between the two items, we considered that consumers would understand the graphic to be making a favourable comparison between the calorific content of a gin and tonic and that of a banana. The ad therefore made a “reduced energy” comparative nutrition claim. We considered that alcoholic-mixed drinks and fruits did not fall into the same food category and therefore concluded that the comparative nutrition claim was in breach of the Code.
The ad breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Social responsibility),
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 EU Register. Claims must be presented clearly and without exaggeration.
15.1.1
15.1.1
Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm.
and,
15.3
15.3
Comparative nutrition claims must compare the difference in the claimed nutrient to a range of foods of the same category which do not have a composition which allows them to bear a nutrition claim.
(Food, food supplements and associated health and 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)
2. Upheld
We noted that the graphic stated “Are you happy?” with arrows pointing to “Yes” and “No” options. The “No” option had another arrow directing viewers to a bubble stating “Have a G&T”. We considered that this implied that drinking a gin and tonic could alter one’s mood and could help consumers overcome emotional problems. Although we acknowledged that there was a humorous tone parodying “self-help” flowcharts, the ad clearly suggested that alcohol could have therapeutic properties, which was in breach of the Code. We therefore concluded that the ad was socially irresponsible.
The ad breached CAP Code (edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility), 18.1, 18.6 18.6 Marketing communications must not imply that alcohol might be indispensable or take priority in life or that drinking alcohol can overcome boredom, loneliness or other problems. and 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)
3. Upheld
We noted that the model in the image had youthful features, a short bobbed hairstyle and a large bow in her hair, a style that we considered to be associated with children. On that basis, we considered that she was likely to be viewed as being under 18 years of age, while the text and the use of the champagne glass implied that she was consuming alcohol. We concluded that the ad was socially irresponsible and breached the Code.
The ad breached CAP Code (edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility), 18.1 and 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)
4. Upheld
We noted that the ad used an illustration from the Where’s Wally? series of picture-books, into which a bottle of gin had been digitally added. We considered that although the character and concept could have some appeal to people over 18, the Where’s Wally? books were aimed primarily at children. We therefore considered that the ad reflected youth culture and featured a fictitious character who was likely to appeal particularly to people under 18. As such, we concluded that it breached the Code.
The ad breached CAP Code (edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility), 18.1 and 18.14 18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage the young to drink. People shown drinking or playing a significant role (see 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. should not be shown behaving in an adolescent or juvenile manner. (Alcohol)
5. Not upheld
We noted that the ad featured a man wearing a T-shirt with the Superman logo on it. We considered that Superman was a character who was likely to appeal to children. However, the character was commonly depicted in different forms across popular culture, including in films that were also popular with adults, and we did not consider that he would appeal exclusively to under 18s. Furthermore, the man in the image was not dressed in a Superman costume; he was just wearing the Superman logo. We did not consider, therefore, that the behaviour depicted was being directly associated with the character.
On that basis, we concluded that the ad did not breach CAP Code (edition 12) rule 18.14 18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage the young to drink. People shown drinking or playing a significant role (see 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. should not be shown behaving in an adolescent or juvenile manner. (Alcohol).
6. Upheld
We noted that the image had been altered to make it appear as though the man was ingesting gin through an intravenous drip. We considered that the average consumer would recognise that the bottle had been digitally inserted into the picture and that the situation portrayed was clearly fictitious and should not be imitated in real life. We also noted that the caption stated “The Doctor told me to keep my spirits up!”. In this light, we considered that the image was likely to be seen as intending to be a play on the word “spirits”, and as showing an absurd and unrealistic situation.
However, despite the exaggerated nature of the image, we were concerned that the man was shown being served gin intravenously. For that reason, we concluded that the ad was socially irresponsible and breached the Code.
The ad breached CAP Code (edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility), 18.1 and 18.11 18.11 Marketing communications must not feature alcohol being handled or served irresponsibly. /p>
Action
Ads a, b, c, d and e must not appear again in their current forms. We told The Gin Lab Ltd to ensure that their ads did not portray alcohol in a socially irresponsible manner.
CAP Code (Edition 12)
1.3 15.1 15.1.1 15.3 18.11 18.14 18.16 18.17 18.6 18.7
