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Mental Health: Depicting mental health conditions
“bonkers” may be used in a way which makes no direct reference to mental health and as … mental health must be treated with care. The closer a reference is to a specific mental health condition … schizophrenia and other mental health problems. On the basis of the ad’s reference to a specific
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Mental Health: Treatment claims
following are the most relevant to mental health concerns: Addictions Alcoholism Anorexia
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Mental Health: Suicide
affected by suicide, mental health conditions or gambling problems (FanBet, 02 March 2016 … a direct reference to mental health or suicide, the ASA considered that the image created the
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Mental Health: ‘Triggering’ or traumatic imagery
Some people with mental health conditions may find certain imagery highly ‘triggering … and serious mental health conditions. Imagery relating to self-harm, trauma, suicide or excessive
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Offence: Disability
description of the employment opportunity (Hippodrome Casino Ltd, 26 March 2014). Mental Health Marketers … should ensure that any reference to mental health in advertising is not socially … used in a way which makes no direct reference to mental health and as such will not cause offence
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Offence: Use of stereotypes
Religion and belief Gender and sexual orientation Age Disability Mental health Race … : Disability. Mental health Marketers should ensure that any reference to mental illness is … “bonkers” may be used in a way which makes no direct reference to mental health, and, as such
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Health: Crystal Therapy
This section should be read in conjunction with the entry on Health therapies: General What is crystal therapy? CAP understands that the theory behind Crystal Therapy is that it adjusts a patients’ aura which can have an impact on their physical and mental health. Some therapists also claim that the therapy can help to treat medical conditions. What claims are likely to be a problem? The ASA and CAP have not seen evidence that crystal therapy can be used to treat medical conditions and such claims are not likely to be acceptable without a body of robust clinical trial evidence. See CAP Guidance on Substantiation for health, beauty and slimming claims. In 2013, the ASA considered claims on a website which implied that crystals could be used to help heal a number of health conditions including Alzheimer’s, Asperger’s, asthma, depression and heart conditions. The advertiser accepted that they did not hold clinical evidence to support the claims being made and the ASA subsequently ruled that the ad was misleading (Spirit Walker Crystals, 17 April 2013). Similarly, an ad which made a general reference to the “healing power” of crystals was found to be misleading because clinical evidence was not available to support such a claim (Octopus Publishing Group, 19 October 2005). What about conditions for which medical supervision should be sought? Evidence aside, marketers should avoid claims to diagnose or treat those medical conditions which should be treated under the supervision of a suitably qualified health professional. Claims to treat such conditions could result in consumers being discouraged from seeking essential medical treatment (rule 12.2). See CAP Guidance on medical conditions. Marketers who do not hold the type of evidence the ASA and CAP would expect to see to support claims to treat medical conditions are advised to view this CAP Guidance.
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Offence: Death
No matter how sensitively it is handled, the topic of death nearly always generates complaints. The public tends to be more sympathetic if the depiction of death is relevant to the product (such as funeral homes, life insurance or smoke alarms) or the message (charity appeals).. The ASA did not uphold complaints about a depiction of a dead cat in an ad for an animal welfare charity (People for the Ethical Treatment of Animals (PETA) Foundation, 23 August 2023) acknowledging that some viewers might find it unsettling but that they would understand that the ad aimed to challenge societal norms. Companies that use or refer to death gratuitously, however, especially in badly-targeted media, are in danger of causing serious or widespread offence. Marketers should also be mindful that, not only do they risk offending readers but causing fear or distress. General references Targeting and audience Use of imagery References to suicide General references Sometimes a reference to death or killing is included only to create shock value. The ASA investigated an email ad for a live post-mortem event that stated “If you're dating tonight be sensible and make sure you're spending the night with a partner, [sic] you trust” together with an image of the serisal killer Jeffrey Dahmer. The killer’s inclusion was unconnected the the event advertised. The ASA considered that flippant approach associated dating on Valentine’s Day with Dahmer and had the effect of trivialising his criminal acts and the murders he committed. (ITAE Productions Ltd, 5 July 2023) Similarly, an insurance company placed ads on social media featuring the convicted serial killer Harold Shipman alongside the strapline “Life insurance to die for”. The ASA considered that the ads trivialised the murders committed by Harold Shipman and were likely to cause serious and widespread offence. Furthermore, referring to the murderer is any way in advertising material was likely to be distressing, especially to those personally affected by the murders. That distress was unjustified and the ads were found to be irresponsible and offensive (DeadHappy Ltd,15 February 2023) Not all references to death will distress or offend. The ASA investigated complaints about a poster advertising the film ‘Pet Sematary’. It considered that it was clear from the placement, prominence and context of the text “Sometimes dead is better” that it was a strapline for a horror movie and concluded that the ad had been prepared with a sense of responsibility, and did not encourage or condone suicide, (Paramount Pictures UK 17 July 2019) Targeting and audience Sometimes what’s acceptable for one audience, might distress or offend another. The ASA investigated another life insurance ad which appeared on Cartoon Network during episodes of ‘The Amazing World of Gumball’ and ‘ThunderCats Roar!’. The ad showed a mother playing with her two young children. It described a scenario in which the mother had been diagnosed with serious illness and appealed to mothers to protect their children financially in the even of their mother’s death. The ASA considered the ad could be distressing to young children, but that it would be suitable for older children to see. The ad therefore needed to be sensitively scheduled. Viewers were unlikely to expect to see ads which could distress young children, especially at 8am when children could be watching by themselves. (Turner Broadcasting System Europe Ltd, 4 August 2021) See also Targeting. Use of imagery Even if an ad reflects the nature of the advertised product or service, advertisers should be aware that the use of graphic images can cause serious offence. A magazine insert, for a cleaning firm specialising in dealing with undiscovered deaths, showed the outline of a human form made from the residue of a decomposing body; the ad prompted complaints that the images were excessively graphic, offensive and distressing. Although the advertiser argued it was an accurate portrayal of the work undertaken, the ASA concluded that the ad was unacceptable in an untargeted medium (Clearway Environmental Services (UK) Ltd, 25 July 2007). See also Fear and Distress References to suicide Advertisers should take particular care if they refer to or highlight the issue of suicide. In 2019 the ASA upheld complaints that an ad for life insurance was irresponsible because it trivialised the issue of suicide and, by referring to it, was likely to cause serious offence, particularly to those who had been affected by suicide. (DeadHappy Ltd, 1 December 2019). If an ad aims to raise awareness around suicide, and offer support to those affected, the ASA will take account of this when considering complaints. It concluded that, although a campaigning ad was likely to be distressing for some people, its overall message encouraged looking beyond the surface to save lives from suicide. This meant that any distress caused was justified by the ad’s message. (Campaign Against Living Miserably, 5 October 2022). See also Mental Health: Depicting mental health conditions and Mental Health: Suicide. References to the recently deceased References to the recently deceased should be used with caution. In 2009 the ASA upheld a complaint about an ad for ski helmets that referred to the very recent death of an actress in a skiing accident (The Ski & Outdoor Warehouse Ltd, 13 May 2009). However the ASA rejected complaints about ads for t-shirts celebrating the death of Margaret Thatcher. It noted that the ad clearly linked the nature and purpose of the T-shirt to the actions of Baroness Thatcher during her time as Prime Minister, and that the ads were targeted at customers who had previously bought 'left of centre' merchandise (Philosophy Football, 29 May 2013). In this context the ASA considered the ad was unlikely to cause serious or widespread offence. See Privacy: General for more. See also: Funeral services Fear and distress Safety
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Fear and distress
Marketing communications must not cause fear or distress without justifiable reason; if it can be justified, the fear or distress should not be excessive. Marketers should not use a shocking claim or image merely to attract attention (Rule 4.2) Encouraging prudent behaviour Charity and public awareness campaigns Ads featuring children Horror and gore Death Encouraging Prudent Behaviour An appeal to fear to encourage prudent behaviour or to discourage dangerous or ill-advised actions may be considered justifiable; however, the fear likely to be aroused should not be excessive. In 2023 the ASA upheld complaints about ads for a food supplement that claimed it could treat or prevent memory loss and associated medical conditions. As well as ruling that the factual claims in the ads breached the Code, the ASA considered that the ads’ references to time running out and to the limited availability of the product, together with the tone of the language in the ads, conveyed a sense of urgency to act quickly to prevent Alzheimer’s disease by purchasing the advertised product, which contributed to the sense of fear and distress that the ads were likely to cause. In addition, encouraging readers to self-assess for generic symptoms they were likely to have experienced at some point, in association with testing for Alzheimer’s disease, was also likely to cause fear and distress. They concluded that the level of fear and distress the ads were likely to cause to some readers was not justifiable. (Direct Response Marketing Group Ltd September 2023) In 2019, complaints that a mailing highlighting the risks for companies of not setting up work place pensions for their employees was threatening and distressing were not upheld. The ASA concluded that because it was a legal requirement for businesses to enrol their employees into a pension and the consequences of failing to do so could result in the sanctions outlined in the ad, the distress the ad might cause was justified. (Smart Pension Ltd February 2019) Marketers should avoid exaggerating the potential risks caused by not buying their products, especially if targeting the elderly or vulnerable. In 2022 the ASA upheld a complaint against an ad for health insurance that stated "There are more patients for the NHS to treat than ever before, and the system is at breaking point. This means you simply can’t be guaranteed the treatment you need in good time, and any condition you have now could quickly worsen. ". It considered that, because the ad particularly focused on worst-case scenarios in terms of the risks not having access to private health services through insurance, such as the worsening of serious medical conditions and also included absolute claims about the NHS such as “the system is at breaking point” and “The NHS is struggling” without providing further detail or explanation the ad suggested that NHS care was unlikely to be available if needed, and in doing so was likely to cause fear. (Pelham Health Ltd 9 November 2022). However, an ad for fire safety products that included the claims “Ever seen a fire, like a proper fire? One that engulfs the room, hits 800 degrees and kicks out thick black smoke. Ever had to crawl out of the house on all fours, fearing for your life, or throw your mattress out the bedroom window so it’ll break your fall because you can’t get out down the stairs? Or ever seen the ruin that a fire leaves behind? The shell of what was your home. Your favourite furniture reduced to blackened carcasses. Ever thought of your most treasured items up in flames? Photos, trinkets, gifts. Ever lost all those memories? Ever lost a pet? Ever lost a loved one?“ was deemed acceptable. Although the ASA considered that some viewers would find the ad distressing, this was justified given the product being advertised It concluded that the ad was unlikely to cause excessive fear or distress. (LifeSafe Technologies Ltd 3 August 2022). See also Social Responsibility. Charity and Public Awareness Campaigns The ASA has accepted that certain distressing approaches are justified in campaigns to raise public awareness of a social issue or challenge societal norms. For example, although the ASA acknowledged that the image of a dead cat could be distasteful or unsettling, it was not gruesome and was therefore unlikely to cause distress. (People for the Ethical Treatment of Animals (PETA) Foundation 23 August 2023). However, even when advertisers intend their ads to challenge, they must take care to ensure that the imagery they use is not so graphic that it is likely to cause distress. In 2023 the ASA upheld complaints about an ad for a vegan charity that was intended as a parody of yoghurt advertising and aimed to highlight the hypocrisy of dairy companies. A woman was shown eating the blood and offal whilst smiling, with blood dripping from her mouth and teeth. Although the ASA acknowledged people would understand the ad was intended as a comment on animal welfare, the graphic and gory imagery was nevertheless likely to shock and cause a sense of disgust. It concluded that the distress the ad was likely to cause, particularly to children, was unjustified. Complaints about the content and targeting of an ad placed by a cosmetics company that highlighted the effect of social media use on mental health were also not upheld. The ASA considered that the overall aim of the ads was to raise awareness of the impact social media could have and that there was support available. The ads did not encourage or condone harmful behaviour, although they might be difficult for members of the wider public to watch. The overall message of the ads was to raise awareness of the impact social media could have and that there was support available to give hope that recovery was possible for those affected by eating disorders or insecurities around their body image. We considered the ads were unlikely to encourage or be understood as condoning harmful behaviour, although they might be difficult for members of the public to watch (Unilever UK Ltd 8 November 2023). See also: Social responsibility: Body image Sometimes ads can cause distress by challenging societal norms in new ways. The ASA investigated complaints that an ad for period products described and seemed to show menstrual blood and used sanitary pads and tampons. It noted that the scheduling restriction applied to the TV ad meant that it was unlikely to be seen by children but that many children would be familiar with and understand that blood associated with menstruation was normal. The ad was found not to breach the Codes (Wuka Ltd 19 July 2023). That said, advertisers in these sectors or others that champion a cause should still be cautious when using hard hitting material. Also in 2023, the ASA upheld complaints about a social media ad campaign for a vegan charity. It included graphic and gory imagery and language which was likely to frighten and distress those who saw it, particularly children. See also: Animals, Children: General Ads featuring children If the marketing communication is in a medium likely to be seen by children, or if it features children, particular care should be taken. The ASA upheld a complaint about in-game ads for a mobile app game that featured an animation of a child injuring themselves on and sharp spring and another that showed a child tearing skin of their finger causing it to bleed. It concluded that, although the characters featured were computer animated, the depiction of their injuries was graphic and one ad included a close-up depiction of a child self-harming the ads were likely to offend and distress. (Fuero Games Sp zoo February 2023). See also Children: Targeting Horror and gore Complaints about a poster toa horror themed Halloween event were upheld by the ASA because the advertiser had not taken care to ensure that children would not see marketing that was likely to cause them fear or distress. (Norfolk Dinosaur Park Ltd November 2023) Sometimes, although images might be shocking or unexpected, they are justified if they are relevant to the product advertised. In 2023 the ASA investigated complaints about period pants that included shots of different period underwear, blood and blood clots in a shower. It acknowledged that some viewers had been distressed by the ad, but considered that, although unconventional, in the context of a period product, the blood and blood clots were a realistic and accurate depiction of consumers’ menstruation experiences. (Wuka Ltd 19 July 2023) Gory or frightening images may be relevant when advertising horror films or literature, but advertisers should ensure that the images are not too extreme and are suitably targeted. The ASA has upheld against ads for the horror film evil dead rise that that featured images from the film (Studiocanal Ltd 15 November 2023) Special care should be taken in mediums that may be viewed by children (see above). A distressing radio ad for Crimestoppers was considered justified and appropriately targeted in 2021 (Crimestoppers Trust July 2021). But complaints about an ad on YouTube for a horror film were upheld on the basis that they would distress children because the appeared alongside videos that would appeal to them. (Paramount Pictures International October 2019) Complaints about an embedded ad in a YouTube video were upheld because they appeared to portray genuine aggression and violence which included smashing a glass over a person’s head that was likely to cause shock and distress to viewers. The ASA considered that the nature of those particular scenes and the level of violence were not justified. (Surfshark B.V. January 2023) See Entertainment: General, Children: Targeting, Violence: Condoning or encouraging for more on this topic. Death The ASA upheld complaints about a life insurance company that included an image of the serial murderer, Harold Shipman, a British doctor who it is estimated murdered between 215 and 260 of his patients. It ruled that any reference to the murderer in advertising material was likely to be distressing, particularly for those who had lost family members or friends at Shipman’s hands. In the context of an ad promoting life insurance, this distress was unjustified (DeadHappy Ltd February 2023). In 2022, complaints about an ad that raised awareness of suicide were not upheld. The ASA ruled that, although the ad was likely to be distressing to some viewers, the overall message of the ad to look beyond the surface to save lives from suicide and seek support to facilitate that, meant that any distress caused was justified by the ad’s message. (Campaign Against Living Miserably October 2022) See also: Offence: Death, Entertainment: General , Mental Health: ‘Triggering’ or traumatic imagery, Mental Health: Suicide, and Social Responsibility
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Health: Seasonal affective disorder (SAD)
What is Seasonal Affective Disorder? CAP understands that Seasonal Affective Disorder (SAD), also known as ‘winter depression’, is a mood disorder whose sufferers experience depressive symptoms in the winter or, less frequently, in the summer. It reoccurs year after year with normal mental health throughout most of the year. The most difficult months for SAD sufferers tends to be January and February, with symptoms often subsiding during the spring and summer months. CAP understands that some marketers offer in-clinic therapies or self-care medical devices (such as SAD lamps) and present those as treatments for SAD or for the symptoms of SAD. What types of claim are likely to be a problem? Because SAD is often associated with depression, the condition is considered by the ASA to be one for which medical supervision should be sought. As such, there is a risk that presenting a device or a therapy as a treatment for SAD (or the symptoms of SAD that are associated with depression) could be seen to discourage essential treatment, unless that treatment is to be carried out under the supervision of a suitability qualified health professional (Rule 12.2). In 2019, the ASA considered advertising claims to treat SAD using vitamin D and UV exposure (through sunbed therapy). In that case the ASA ruled that because it had not seen evidence that the sunbed treatment was carried out under the supervision of a suitably qualified health professional, claims to treat the condition discouraged essential treatment for SAD (Unvilla Ltd, 6 November 2019). Marketers are reminded that even if they are able to demonstrate that the therapy or device used in the treatment of SAD is being carried out under the supervision of a suitably qualified health professional, they would still need to hold clinical evidence to support claims of efficacy (Rule 12.1). Many years ago CAP had understood that there was evidence of efficacy for the treatment of some of the symptoms of SAD using phototherapy and that such claims were considered to be generally acceptable provided the marketer could demonstrate that the device or therapy being marketed emitted light between 3,000 and 10,000 lux. However, since that time the NHS has published its own advice on treatments for SAD, suggesting there was mixed evidence with regard the efficacy of light therapy. That does not mean that efficacy claims are no longer acceptable, but it does indicate that the ASA is likely to expect marketers to hold robust clinical evidence to support claims that their phototherapy treatment or device can be used to treat SAD, or the symptoms associated with SAD. Marketers should check with the Medicines and Healthcare products Regulatory Agency (MHRA) if they need guidance on the classification of medical devices. Marketers are reminded that they would also need to hold clinical evidence for any other advertising claims about the benefits of their therapy or device. See CAP Guidance on Substantiation.
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Health: Phototherapy
What is Phototherapy? What is SAD? What types of claim are likely to be a problem? Is the phototherapy product a medical device? What is Phototherapy? Phototherapy, also sometimes known as Light Therapy, involves the shining of light onto the body or face. It works on the principle that natural daylight which is lacking at certain times of year (particularly in winter months) can be replenished using artificial light. What is SAD? CAP understands that Seasonal Affective Disorder (SAD), also known as ‘winter depression’, is a mood disorder whose sufferers experience depressive symptoms in the winter or, less frequently, in the summer. It reoccurs year after year with normal mental health throughout most of the year. The most difficult months for SAD sufferers tends to be January and February, with symptoms often subsiding during the spring. What types of claim are likely to be a problem? Because SAD is often associated with depression, the condition is considered by the ASA to be one for which medical supervision should be sought. As such, there is a risk that presenting a device or a therapy as a treatment for SAD could be seen to discourage essential treatment, unless that treatment is carried out under the supervision of a suitability qualified health professional (Rule 12.2). In 2019, the ASA considered advertising claims to treat SAD using vitamin D and UV exposure (through sunbeds). In that case the ASA ruled that because it had not seen evidence that the sunbed treatment was carried out under the supervision of a suitably qualified health professional, claims to treat that condition discouraged essential treatment for SAD (Unvilla Ltd, 6 November 2019). Marketers are reminded that even if are able to demonstrate that the phototherapy treatment of SAD is being carried out under the supervision of a suitably qualified health professional, they would still need to hold clinical evidence to support claims of efficacy (Rule 12.1). Many years ago CAP had understood that there was evidence of efficacy for the treatment of the symptoms of SAD using phototherapy and that such claims were considered to be generally acceptable provided the marketer could demonstrate that the device or therapy being marketed emitted light between 3,000 and 10,000 lux. However, since that time the NHS has published its own advice on treatments for SAD, suggesting there was mixed evidence with regard the efficacy of light therapy. That does not mean that efficacy claims are no longer acceptable, but it does indicate that the ASA is likely to expect marketers to hold robust clinical evidence to support claims that their phototherapy treatment or device can be used to treat SAD, or the symptoms associated with SAD. Marketers are reminded that they would also need to hold clinical evidence for any other advertising claims about the benefits of Phototherapy. See CAP Guidance on Substantiation. Is the phototherapy product a medical device? If the phototherapy product in question is a device (such as SAD lamp) and the intended purpose is for treating a medical condition, it may fall under the definition of a medical device. Medical devices need to be appropriately certified (CE-Marked) before making marketing claims of a medical purpose (rule 12.1) CAP recommends that marketers seek advice from the Medicines and Healthcare products Regulatory Agency (MHRA) to establish if the product needs to be Certified (CE marked) as a medical device before it is marketed in the UK for that purpose. This MHRA guidance on medical devices explains the position further.
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Violence: Condoning or encouraging
Marketing communications must contain nothing that is likely to condone or encourage violence or anti-social behaviour (Rule 4.4). Approaches that feature violent scenarios or imagery, especially if its use is gratuitous, could be considered irresponsible and likely to condone violent behaviour. Graphic depictions of violence Violence against women Weapons Relevance to the advertised product Public sensitivity Depictions of violence Graphic depictions or implications of violence should be avoided, even where they rely on humour. In 2022 the ASA upheld complaints about an embedded YouTube ad for a VPN service that featured a conversation in which one presenter became increasingly frustrated and smashed a glass over the head of the other presenter, who was then shown whimpering with a blood-like substance on his face. (Surfshark B.V. 18 January 2023). The ASA acknowledged that the ad was intended to be humorous and satirical, and that the ad had a ‘slapstick’ tone. However, the ASA concluded that the ad irresponsibly featured scenes with a level of violence that was likely to cause distress to viewers that was unjustified and was irresponsibly targeted on YouTube where is might be seen by a general audience. Violence against women The ASA has upheld several complaints about ads that seem to condone domestic violence, sexual assault or violence against women. In 2021 the ASA upheld a complaint about an in app ad for a mobile app game that implied a threat of violence against a woman, ruling that the ad trivialised and condoned the serious and sensitive subject of domestic violence.(AppQuantum Publishing Ltd 24 November 2021). Complaints about two more in-app ads were upheld on similar grounds in 2023. (Dreame Media 3 May 2023) and Play&Date Entertainment Zone 29 November 2023) An ad that appeared in a mobile app game rated as suitable for all was banned in 2024 because it trivialised and condoned sexual assault and sexual violence and presented a woman as an object of sexual gratification. This use of a gender stereotype was also considered likely to cause harm. The ad featured a drunk soldier threatening to sexually assault a frightened and distressed woman (FunPlus International AG 17 January 2024) A complaint about a programmatic ad that appeared on the Guardian website was upheld May 2023. It advertised a T-shirt that featured the text “BEAT ME BITE ME WHIP ME FUCK ME LIKE THE DIRTY PIG THAT I AM CUM ALL OVER MY TITS AND TELL ME THAT YOU LOVE ME THEN GET THE FUCK OUT”. The ASA concluded that the aggressive and sexual swearing and allusions to violent sexual acts in “BEAT ME”, “BITE ME” and “WHIP ME” dehumanised and presented women as stereotypical sexual objects to be used by men for sexual gratification. (Redbubble Ltd 17 May 2023) Depicting weapons Marketers who depict guns should take great care to ensure that the approach is suitable both for the product being advertised and the intended audience. In 2023 the ASA upheld complaints about an Instagram ad for a clothing retailer that featured a hooded figure repeatedly firing a semi-automatic weapon at a human shaped figure wearing a pink coat, agreeing that it condoned and encouraged violence. (ThruDark Ltd 18 October 2023). Although this ad for kitchen knives did not show any violence, the complainants were particularly concerned that, at a time of rising knife crime, the ads could encourage violence, particularly amongst young people. The ASA noted that the ad did not refer to food preparation or feature a kitchen setting. They considered that way the knife was shown meant that at least some of those who saw the ad would interpret it as an ad for a potential weapon. (UAB Ekomlita 11 May 2022) See Weapons: General for further guidance. More subtle images are less likely to be problematic, although advertisers should be careful with ad placement and targeting. Thanks to its careful targeting, the ASA chose not to uphold complaints about a TV ad for a film, shown during coverage of a European football match. The ad featured scenes of guns and a man being shot and the ASA considered the ex-kids scheduling restriction applied by Clearcast was appropriate because content of the ad was unsuitable for younger children. (ITV Broadcasting Ltd 22 April 2022). Relevance to product Marketers might have more leeway if the violence depicted is relevant to the product, for example, if it reflects the content of a book, film or computer game. But relevance is not always a ‘get out of jail’ card. See Video games and films for further guidance on advertising these products. Public sensitivity Marketers should be mindful that the public’s sensitivity can shift over time and with current events. In 2019, following incidents of milkshake being thrown at public figures, the ASA upheld complaints that the claim "Dear people of Scotland. We're selling milkshakes all weekend. Have fun. Love BK. #justsaying" in a tweet advertising a fast food restaurant encouraged violence and antisocial behaviour (BKUK Group Ltd 2 October 2019). See also: Sexual and domestic violence, Alcohol: Violence, Mental Health: ‘Triggering’ or traumatic imagery, Fear and distress, Antisocial behaviour and Social Responsibility.
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Alcohol: Therapeutic claims
The Code states that "Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol should not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment..." (Rule 18.7). 'Energising'/'chill'/relaxation claims Because marketers should not suggest that alcohol is a stimulant; claims such as “energising” are likely to be unacceptable. In 2000, the ASA upheld a complaint that an alcoholic drink should not be described as a “vodka rush” because it implied alcohol could increase drinkers’ energy levels and act as a stimulant. The Code also prohibits implying that alcohol can be a sedative, so references to an alcoholic product being a tranquilliser, or in some other way calming, are problematic. Addressing or showing people who are in a “normal” state of balance and suggesting alcohol can help them relax may be acceptable – however, marketers should be very wary of these types of claims, as these implications could easily cross the line into unacceptability. Additionally, featuring or encouraging those who are clearly stressed or more anxious than normal to drink alcohol is likely to be interpreted as saying that alcohol is necessary for relaxation, has therapeutic qualities or mental health benefits – all of which are likely to breach rule 18.7 (along with potentially being considered socially irresponsible). The Copy Advice team has in the past seen several ads that use the word “chill” as a play on how to drink or serve the product. Claims such as “chill with your mates” may be acceptable depending on context – however, marketers should bear in mind that, if the ad implies alcohol can make drinkers more “chilled”, the claim could be the wrong side of the line. Changes to behaviour Marketers should also be wary of implying changes to one’s behaviour. An ad that carried the strapline "Unleash your wild side" suggested that Wild Africa Cream Liqueur had changed a woman’s mood and enhanced her confidence - the complaint against it was therefore upheld (Wild Cape Liqueurs Ltd, 1 July 2009). Marketers should also be aware that humour does not invalidate the need to comply with the Code. In 2019, the ASA upheld a complaint about a tongue-in-cheek Facebook post, which stated “If at first you don’t succeed, try drinking a bottle of prosecco, you’ll be surprised at how much less you’ll care”. Though the ASA acknowledged that this was an attempt to parody a famous proverb, as the ad suggested that prosecco could help one forget their problems, it breached rule 18.7 (Blackrose Ltd, 11 December 2019). The same year, an ad for Drake & Morgan botanical themed drinks was also upheld. The ad, which took the form of a quiz which concluded by giving users a free voucher for a “potion to match their emotion”, was found to breach Code by asking people to say whether they were “overstretched”, “low-spirited” , “walking on sunshine” etc. and by using terms such as “give yourself a boost” (Drake & Morgan Ltd, 9 October 2019). Therapeutic activities Ads that showcase therapeutic activities, but do nothing to link them to the alcohol itself, may be acceptable depending on the final context and overall impression of the ad. In 2020, the ASA did not uphold a complaint about a Bombay Sapphire ad which showed various artists making their own artwork. Because the artists were shown to already be creatively minded (rather than realising the skill after drinking), and because they were not shown consuming alcohol before, during or after their work, the ASA did not consider that the ad linked alcohol with creativity, or otherwise implied that alcohol could enhance creativity or change one’s mood (Bacardi Global Brands Ltd, 8 January 2020). As above, the line between acceptability and unacceptability is completely dependent on context – marketers who are unsure about whether their ad breaches the Code are free to contact the Copy Advice team for a view. Alcohol as medicine/'healthy' Marketers should also not imply that alcohol is a “medicine” or necessary for health. In 2023, the ASA upheld an ad for a sticker that was intended to be placed over an existing label on a bottle of wine. The label stated “PRESCRIPTION ALCOHOL” next to the green pharmacy cross, with text underneath that read “PATIENT NAME: Laura Smith….DOSE: Drink one 175ml dose twice daily. If symptoms persist, take double the dose stated. In extreme cases consume entire bottle in one sitting… SIDE EFFECTS: May include Silliness, Vomiting, Loss of Memory, Lots of Laughter & Extreme Sleepiness”. The ASA considered that, whilst customers would understand it was not a real prescription, it linked alcohol to medicine and implied alcohol could be used to maintain good health (Novielo London, 7 June 2023). Marketers must remember that they should not imply or state that alcohol has any health benefits, promote alcohol on a health platform, or imply that anyone might need (as opposed to merely enjoy) an alcoholic drink. Marketers intending to make health claims should be aware that the guidance in this area is very strict, and should see our Alcohol: Health, Diet and Nutrition Claims in the first instance. See also Alcohol: General, Alcohol: Boredom and Loneliness and Alcohol: Enhanced Sporting, Mental and Physical Capabilities.