Ad description
A direct mailing for the Kuda Bar & Club in York stated "For the ultimate birthday join kuda for your celebrations - Happy Birthday [recipient's name] from kuda bar & club". The mailing showed images of two bottles of Moet champagne in an ice bucket with two glasses and two bottles of Smirnoff vodka. Inside the mailing a heading stated "CHOOSE YOUR PACKAGE" and listed four options available for the recipient: "#1 ... Free Bottle of Bubbly Minimum of 6 people ... #2 ... Free Bottle of Smirnoff + Mixer Min. 10 People ... #3 Free Bottle of Moet Minimum 10 people ... #4 ... Free Bottle of Grey Goose". On the back of the mailing was the recipient's name and address, and at the bottom of the page it stated "Usual club age and dress rules apply, Photographic ID may be required ...".
Issue
A complainant, the recipient's mother, challenged whether the mailing was irresponsible, because it promoted alcohol to a 12-year-old.
Response
The Luminar Group said they took great care to ensure their databases for under 18-year-olds and over 18s were kept separate from each other. They said the mailing was prepared on their behalf by an agency using data from a data supplier. They supplied a response from the data supplier, who said they had strict contracts in place with all contributors and individuals who used or supplied data. In situations such as the one that was being investigated now, they said they typically found that a minor's name had been incorrectly added to the edited version of the electoral register (names of minors should be added only when they were eligible to vote).
Assessment
THIS ADJUDICATION REPLACES THAT PUBLISHED ON 20 NOVEMBER 2013. THE VERDICT HAS CHANGED, MAKING THE COMPLAINT NOT UPHELD.
Not upheld
The ASA investigated with the agency who had supplied the data to Luminar Group. The data was found to contain incorrect personal information about the recipient which had been supplied to the agency by a well established third-party data supplier. The data supplier confirmed that this information had been supplied to them by the recipient of the direct mailing, or by someone who had provided his details with or without his permission. Because Luminar Group had relied on and had used in good faith data supplied to them by a well established data supplier which suggested that the individual was over 18, we concluded that Luminar Group were not at fault for using the data and had not breached the Code by directing the ad at people under 18 years of age.
We investigated the mailing under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 18.15 18.15 Marketing communications must not be directed at people under 18 through the selection of media or the context in which they appear. No medium should be used to advertise alcoholic drinks if more than 25% of its audience is under 18 years of age. (Alcohol), but did not find it in breach.
Action
No further action necessary.
