ASA Ruling on Hi Spirits Ltd
Hi Spirits Ltd
Hi Spirits Towers
174 Terrace Road
Walton on Thames
Surrey
KT12 2ED
Date:
4 September 2013
Media:
Brochure
Sector:
Alcohol
Number of complaints:
1
Complaint Ref:
A13-232656
Background
Summary of Council decision:
Two issues were investigated both of which were Upheld.
Ad
A brochure, for Fireball Whiskey, featured text which stated "TASTES LIKE HEAVEN BURNS LIKE HELL". The ad also included two Polaroid style photographs in the top right corner of the page. One of the photographs featured four people standing in a nightclub. One of the people held a sign that included the Fireball logo and read "THE HOTTER YOU ARE THE FASTER I COME". Text within the body of the ad beneath the heading "FIREBALL ACTIVITY" stated "Throughout the year, the Fireball team will be committed to delivering exciting activity across the country to support the spread of the Fireball phenomena [sic]. From being the Kerrang Awards' spirit of choice to sponsoring Loaded's National Tour, you will always find Fireball at the centre of the party". The ad also included four further Polaroid style photographs at the bottom of the page: three of the photographs showed people with drinks; and the fourth photograph showed Fireball merchandise.
Issue
The complainant challenged whether:
1. the ad breached the Code, because the person holding the sign which featured the text "THE HOTTER YOU ARE THE FASTER I COME" appeared under 25 years of age; and
2. the claim "THE HOTTER YOU ARE THE FASTER I COME" was offensive, because they considered it was a sexually explicit reference.
CAP Code (Edition 12)
Response
1. & 2. Hi Spirits said they would reprint the ad and address the issues raised.
Assessment
1. Upheld
The ASA noted the CAP Code required that people shown drinking alcohol or playing a significant role in a marketing communication must neither be, nor seem to be, under 25 years of age. Although the person holding the sign, which featured the text "THE HOTTER YOU ARE THE FASTER I COME", was not drinking, we considered that in appearing in the photograph with promotional material for Fireball Whiskey, they were playing a significant role in the ad. Because the person appeared to be under the age of 25, we concluded that the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rule 18.16 (Alcohol).
2. Upheld
We considered the claim "THE HOTTER YOU ARE THE FASTER I COME" would be understood by consumers as a sexually explicit reference. We considered the presentation of a person, who appeared under the age of 25, in conjunction the claim "THE HOTTER YOU ARE THE FASTER I COME" was likely to cause serious and widespread offence.
On this point, the ad breached CAP Code (Edition 12) rules 4.1 (Harm and offence).
Action
The ad must not appear again in its current form. We told Hi Spirits to ensure that those playing a significant role in its advertising must neither be, nor seem to be, under 25 years of age. We also told Hi Spirits to ensure that ads were not likely to cause serious and widespread offence.
