ASA Adjudication on Nestle UK Ltd

Ad

Two posters for Vittel Water in London Underground stations.

a. The headline stated "THE Vittel GAMES BOTTLE ARCHERY Played only with new Vittel bottle". The ad showed two pictures on the left hand side and a list of rules on the right hand side. The first picture showed how to release the cap from the bottle and the second picture showed water being squirted from the bottle at the head of a statue. The rules of play were listed next to the pictures and stated "The object of the game is to shoot water at targets. Players must use the new 750ml Vittel bottle (with new quick-release cap for speed, and special squeezy grips to increase shooting distance.) A hit scores 1 point. A miss will count for zero. Players select their own target. (Never aim at another person unless they are armed themselves. We cannot condone antisocial behaviour but remember the point of the game is to have fun.) Player with highest score wins. N.B. Shoot sparingly to avoid waste".

b. The headline stated “THE Vittel GAMES BOTTLE RUGBY Played only with new Vittel bottle”. Beneath the headline were three diagrams; the first showed a bottle of water, the second showed a person kicking the bottle and the third showed the bottle flying through the air towards two people. The people each had one arm in the air to form the shape of a rugby goalpost. Text next to the diagrams stated “RULES OF PLAY Having enjoyed the new 1.5 litre bottle of Vittel, use empty bottle as rugby ball [sic]. Players make their own H post. (Fig. 3) H posts also occur naturally in and around office [sic]. E.g. Pillar, desk, coat-stand. Bottle is placed upright on ground in front of H post. Run up to bottle and kick. Bottle must pass over and between H post to score 3 points. Game is made more skilful by narrowing posts. E.g. Between the arms of 1 friend stood with arms up. This scores 5 points. For score to be allowed players must collect bottle after kick. REVittelISING THE CITY.”

Issue

The complainants believed that:

1.  the ads were irresponsible because they encouraged antisocial behaviour and

2. ad (b) was irresponsible because it encouraged people, in particular children, to kick hard objects towards others' faces.

CAP Code (Edition 11)

Response

Nestle UK Ltd (Nestle) said the ads did not encourage or condone unsafe practices or anti-social behaviour.  They said the ads were targeted at adults aged 18 - 34 years.  Nestle said the ads were intended to show that with Vittel, consumers could turn everyday city life into a bit more fun.  They said the ads were clearly aimed at adults and not meant to be taken seriously.  Nestle said they had researched the ad with their target audience and none of them had expressed a concern about unsafe or antisocial behaviour.  They said the ads were not aimed at children and were not intended to be copied.  Nestle pointed out that ad (a) clearly stated "We cannot condone anti-social behaviour but remember the point of the game is to have fun."

Assessment

The ASA noted that the ads were aimed at adults but acknowledged that, because the posters were on the underground, they had been placed in an untargeted medium.  

1.  Complaints not upheld

We acknowledged that ad (a) stated We cannot condone anti-social behaviour but remember the point of the game is to have fun.  We noted that the target depicted in ad (a) was an inanimate statue, not a person or an animal.  Because we considered the ad was likely to be seen as light-hearted, we concluded ad (a) was unlikely to encourage anti-social behaviour.

We investigated the ad under CAP Code clauses 2.2 (Responsible advertising), 10.1 (Safety), 11.1 (Violence and anti-social behaviour) and 47.2 (Children) but did not find it in breach.

2.  Complaints not upheld

We considered that ad (b) depicted figures involved in a game of bottle rugby and did not show a figure kicking a bottle towards the faces of other players.  Because we considered the ad was likely to be seen as light hearted, we concluded ad (b) was unlikely to encourage anti-social behaviour or cause children to kick hard objects towards the faces of other people.

We investigated the ad under CAP Code clauses 2.2 (Responsible advertising), 10.1 (Safety), 11.1 (Violence and anti-social behaviour) and 47.2 (Children) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)