ASA Adjudication on InBev UK Ltd

Ad

A TV ad for Stella Artois began with a voice-over that stated "In the year 1366 people feared terrible dangers. They believed the earth was flat and the sun set into the sea." The shot cut to an image of a flat earth with water pouring over the sides, then showed a ship on a rough sea with the sun setting into the water. The voice-over stated "So when the citizens of Leuven set out to create the perfect beer, they risked all to gather the ingredients." The shot cut to dramatic images of people gathering the ingredients. The on-screen text stated "the finest hops, the purest water, maize and malted barley." The voice-over continued "and today the beer contains only the same four precious ingredients. Dare you brave the dangers they faced? Take the challenge of 1366 at stellaartois.com ".

Issue

1. 94 viewers challenged whether the ad was misleading because they did not believe that maize had been used as a brewing agent since 1366.

2. Some of the viewers also challenged whether the ad misleadingly implied Stella Artois had been brewed in its current form since 1366.

BCAP TV Code

Response

1. InBev UK Ltd (InBev) said there was a school of thought that supported the theory that maize was present in Europe as early as the 13th century, having been brought from Asia. They said that, because there were conflicting views on the subject, no one theory could be favoured over another. However, they emphasised that the reference to maize was not intended to be a factual claim about brewing practices in 1366. They said they did not believe viewers would take it as such, and emphasised that the reference was meant to be light-hearted and entertaining. They said the text "Maize and Malted Barley" was displayed on screen while cloud giants were fighting overhead. They said they believed viewers would understand and recognise the light-hearted context of the reference.

Clearcast said the ad began with narrative and visuals that were very much within the realms of folklore and mythology, and the filmic style was in keeping with Stella Artois' previous advertising. They said the style was clearly fantasy and unreal.

2. InBev said the reference to 1366 and the citizens of Leuven was to the fact that people had been brewing beer in Leuven since that date and Stella Artois was proud to be associated with that heritage of craftsmanship. They said the intention of the ad was to refer to that heritage in an entertaining and light-hearted way. The intention was not to imply that Stella Artois had been brewed unchanged in its current form since 1366.

Clearcast sent a copy of a letter from InBev's solicitor that stated that Stella Artois brewed in the United Kingdom contained only four ingredients: water, malted barley, maize and hops.

Assessment

1. Not upheld

The ASA considered the evidence sent by InBev. Although we noted there was no evidence to show maize was used in brewing beer in the 14th century in Leuven, we considered the clearly fictional context of the ad, with its fantastical elements and dramatic imagery, meant viewers were unlikely to interpret the on-screen text "the finest hops, the purest water, maize and malted barley" as a literal claim about the ingredients of 14th-century beer. Because of that, we concluded the ad was not misleading.

On this point we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence) and 5.2.2 (Implications) but did not find it in breach.

2. Not upheld

We noted InBev's assertion that the aim of the ad was to show in a light-hearted and entertaining way that Stella Artois was proud to be associated with the brewing tradition of Leuven. Although the voice-over stated "and today the beer contains only the same four precious ingredients", we considered the light-hearted fictional context of the ad meant viewers were unlikely to think the claim meant Stella Artois was brewed literally in the same way as beer brewed in the 14th century. Because of that we concluded the ad was not misleading.

On this point we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence) and 5.2.2 (Implications) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)