The ASA considered that, as they had licensed the brand from Tequila UK, that Stage One Events were responsible for the circular including its distribution.

1. Upheld

We noted Stage One Events' argument that they created the circular to launch a new business in the area. We considered, however, that the image on the circular was sexually explicit and noted that claims on the circular "come and swallow" and "dedicated to oral pleasure" were clearly intended as sexual innuendo. We considered the text on the reverse of the circular which promised the "hottest and sexiest experiences" and ended with the claim "Newcastle ... get ready to be seduced" were sexually suggestive. We concluded therefore that the circular was likely to cause serious and widespread offence and was not appropriate for an untargeted medium, where it could be seen by children.

On this point, the circular breached CAP Code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence).

2. Upheld

We noted that the CAP Code required marketing communications to contain nothing that was likely to lead people to adopt styles of drinking that were unwise, including excessive drinking. We considered however that there was a clear inference that excessive drinking was acceptable and condoned from anyone attending the event advertised in the circular. Aside from the fact that the event was called "Tequila", named after a well-known high-strength spirit, we noted that the circular included an apparent quote from a newspaper which described the event as a "spirit-fuelled den" the inclusion of which we considered took a celebratory tone which highlighted the fact alcohol consumption was condoned. We also considered that the claim "What you can remember is sure to be one of your greatest memories of university" encouraged the excessive consumption of alcohol to the point where guests would be so drunk that they could not recall what they had done during the previous evening. Because of a clear association with alcohol and excessive drinking, we considered that the circular condoned irresponsible consumption of alcohol.

On this point, the circular breached CAP Code (Edition 12) rule 18.1 (Alcohol).

3. Upheld

We noted that the CAP Code required marketing communications not to link alcohol with seduction, sexual activity or sexual success. We considered that the image on the front of the circular was sexually explicit and the accompanying text "will you swallow", "come and swallow" and "dedicated to oral pleasure" was sexually suggestive. We further considered that the claims on the reverse of the circular "Tequila is where your hottest and sexiest experiences will take place" and "Newcastle ... get ready to be seduced" had sexual connotations. Because these claims and the image appeared in the circular which advertised an event which was heavily linked to alcohol consumption, gave details of drinks prices and was called "Tequila", we considered that there was a link to sexual activity, and the circular gave out the message that drinking alcohol was preliminary to sex or made sexual activity very likely. We also considered that the newspaper quote "a spirit-fuelled den of hedonism and debauchery" condoned reckless and irresponsible sexual behaviour and alcohol consumption. Because of this, we concluded that the circular was irresponsible.

On this point, the circular breached CAP Code (Edition 12) rule 18.5 (Alcohol).