ASA Adjudication on Wm Magners Ltd

Ad

A poster, on London buses, promoted Magners Light. White text on a sky-blue background stated "Only 92 calories per bottle. Still 4.5%". A bottle of Magners Light was shown floating above the text "Light by nature." Further text stated "ENJOY MAGNERS SENSIBLY".

Issue

1.  The complainant challenged whether the ad was irresponsible because she believed the claim "Only 92 calories" could encourage excessive drinking.

2.  The ASA challenged whether the claim "Only 92 calories" implied the drink was low in energy.

CAP Code (Edition 11)

Response

1. The agency Young Euro RSCG responded on behalf of Magners Ltd (Magners). They said they had been socially responsible by including the text "Enjoy Magners Light sensibly" in the ad.  They said they strove to encourage responsible drinking and the reference to the calorie content was a statement of fact that clarified the product proposition.

2. The agency said they would remove the word "Only" from the ad.

Assessment

1. Not upheld

The ASA noted the agency's comments. We considered that consumers would understand the claim "Only 92 calories. Still 4.5%" to mean that the alcohol content remained at 4.5%, whilst the calorific content had been reduced, and would not see it as an incitement to drink excessively. Furthermore, we considered that the restrained style and treatment of the ad, with its plain text and single image of a bottle of Magners cider, did not present the product in a way that would encourage excessive drinking. We concluded the ad was not irresponsible.

On this point we investigated the ad under CAP Code clauses 2.1 and 2.2 (Principles) and 56.2 (Alcoholic drinks) but did not find it in breach.

2. Upheld

We welcomed Magners' willingness to amend the ad. We considered that the inclusion of the word "Only" alongside a description of the calorie content implied the drink was low in energy. We noted that under Regulation (EC) No 1924/2006 on nutrition and health claims a low energy claim could not be made for a liquid containing more than 20 kcal/100 ml. Because Magners contained 26.5 kcal/100 ml, but the ad implied it was low in energy, we concluded the ad was misleading.

On this point the ad breached CAP Code clauses 4.1 (Legality) and 7.1 (Truthfulness).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)