Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A poster ad for Prime Time Lager, seen on the side of a bus in October 2024, included product images of cans of beer and a pint in a glass. Large text stated, “BEER, BUT BETTER.” Smaller text underneath included “63% FEWER CARBS”.
Further text stated, “NEXT LEVEL TASTE, EASY ON THE WAIST”. The Prime Time logo appeared on the right, with text underneath which included “AND AT 4.2% ABV, WHY WOULDN’T YOU?”.
Issue
Two complainants challenged whether:
- the claim “63% fewer carbs” was a nutrition claim that was not permitted for alcoholic drinks;
- the claims “NEXT LEVEL TASTE, EASY ON THE WAIST” and “BEER, BUT BETTER” were health claims that were not permitted for alcoholic drinks; and
- the ASA challenged whether the claim “AND AT 4.2% ABV, WHY WOULDN’T YOU?” implied that a drink may be preferred because of its alcohol content.
Response
1., 2., & 3. The Innovative Brewing Company Ltd t/a Prime Time Lager said that they believed the ad was compliant with the Code, as they had followed guidance from an external agency, which assured them the ad had been cleared by their legal team. Additionally, they stated that another team, adhering to rigorous rules and regulations, had also granted approval.
Assessment
1. Upheld
The CAP Code stated that the only nutrition claims permitted for alcohol were "low-alcohol", "reduced alcohol”, “reduced energy" or claims conveying an equivalent meaning to consumers. The Code 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 ASA considered the claim “63% FEWER CARBS” suggested that the product had particular beneficial nutritional properties because it was reduced in carbohydrates. It was therefore a nutrition claim for the purposes of the Code. However, it was not one of the three nutrition claims permitted to be made in relation to alcohol – and in addition was not permitted to be made in relation to any food or drink product. That claim therefore breached the Code.
We noted the ad also included the claim “30% FEWER KCALS”, which was equivalent to a “reduced energy” nutrition claim, which was permitted for alcohol. We understood that the product met the necessary conditions of use for that claim, and it was therefore permitted under the Code. However, because it was not permitted to make the nutrition claim “63% FEWER CARBS”, we concluded that the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1, 15.1.1 (Food, food supplements and associated health or nutrition claims) and 18.17 (Alcohol).
2. Upheld
The CAP Code stated that ads for alcoholic drinks must not make any health, fitness or weight-control claims. Health claims were defined as those that stated, suggested or implied that a relationship existed between a food or drink or one of its constituents and health. That included references to general benefits of a food or drink for overall good health or health-related well-being.
We concluded that consumers were likely to interpret the claim “NEXT LEVEL TASTE, EASY ON THE WAIST” as implying that the product could contribute to weight loss or maintenance. We considered it was therefore a health claim.
While the claim “BEER, BUT BETTER” could, in some contexts, suggest an enhancement in quality or taste, we considered that in the context of the ad it carried a different implication. The ad featured the claim “NEXT LEVEL TASTE, EASY ON THE WAIST”, the non-permitted nutrition claim “63% FEWER CARBS,” and the permitted nutrition claim “30% FEWER KCALS”, all of which emphasised nutrition and health benefits. In that context, the claim “BEER, BUT BETTER” was likely to be understood as implying that the beer provided general benefits to overall health and health-related well-being. It was therefore also a health claim for the purposes of the Code.
Because health claims such as “NEXT LEVEL TASTE, EASY ON THE WAIST” and “BEER, BUT BETTER” were prohibited for alcoholic drinks, we concluded that the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1, 15.1.1 (Food, food supplements and associated health or nutrition claims) and 18.17 (Alcohol).
3. Upheld
The CAP Code allowed that marketing communications may give factual information about the alcoholic strength of a drink. However, they must not imply that a drink may be preferred because of its alcohol content or intoxicating effect. While the Code allowed that low-alcohol drinks (containing between 0.5% and 1.2% alcohol) may be presented as preferable because of their low alcoholic strength, the advertised product was not low-alcohol.
The ad stated “'AND AT 4.2% ABV, WHY WOULDN’T YOU?”. We considered that statement went beyond a factual presentation of information about the product’s ABV, because it emphasised the alcoholic strength of the product and suggested it may be preferred because of that.
Additionally, we understood that the product’s ABV content was about average for a lager, but that some reduced calorie lagers had a lower-than-average ABV content. Therefore, in the context of the ad we considered the claim also suggested that Prime Time Lager may be preferred because it provided the nutritional benefits of a reduced calorie beer while maintaining the same alcoholic strength typically associated with regular lagers.
We concluded that the claim implied the lager may be preferred because of its alcohol content. The ad, therefore, breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 18.9 (Alcohol).
Action
The ad must not appear again in the form complained about. We told The Innovative Brewing Company Ltd t/a Prime Time Lager that future marketing communications must not make health claims or non-permitted nutrition claims about alcoholic drinks. They must not imply that a drink may be preferred because of its alcohol content.
