Within the alcohol rules, rule 18.7 states:
Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol must not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment. Marketing communications must not imply that alcohol can enhance mental or physical capabilities; for example, by contributing to professional or sporting achievements.
There are lots of different elements in this rule – not changing physical condition or behaviour, not suggesting alcohol can enhance mental or physical capabilities, or suggesting it can contribute to professional or sporting achievements. However, in this article, we’ll be focusing on the line “Alcohol must not be portrayed as capable of changing mood”.
So why this part of the rule? Firstly, it’s probably the element of rule 18.7 we see most complaints about. Secondly, ‘mood’ can mean anything – happiness, sadness, excitement, bravery, daring, playful, and so on, which makes the scope of the rule quite broad. Thirdly, the whole point of a product or service being marketed to you is usually to show you that life would be better with that product. So, how can you present your alcohol product in a good light without doing this?
We didn’t meme to!
The ASA investigated social media posts by Laura Whitmore for The Muff Liquor Company that showed her sampling a series of drinks, from peppermint tea and water to beer and a “Muff & Tonic”, while her dance moves became progressively more energetic and uninhibited. What began as a light-hearted comparison of “if drinks were dance moves” created a clear shift in mood, with the non-alcoholic drinks paired with subdued movements and the alcoholic drinks triggering increasingly animated dancing, hair-flipping and confident behaviour. The ASA concluded that viewers were likely to interpret the ad as suggesting that alcohol made Whitmore feel more confident and transformed her mood, making the alcoholic options seem more fun and exciting than sobriety. Combined with song lyrics that referenced being “fucked up”, the ASA found the overall tone encouraged irresponsible drinking and implied alcohol could change behaviour, so the complaint was upheld.
The idea of “if X were Y” is an Instagram trend/meme format that many people use online, generally to comic affect. We’ve seen an increase in marketers jumping on the “meme” bandwagon in the last few years, and there’s nothing wrong with a corporate take on an online trend. That said, however comedic and tongue-in-cheek a post is meant to be, it still needs to follow the rules in its sector, and the CAP Code generally. And a quick reminder that reposting a meme also becomes your responsibility, even if you didn’t create it!
Going through the emotions
The next case is about an electronic poster for Zapp, a grocery delivery service, which depicted a bottle of gin next to the words “Friday Feels – in minutes, 24/7”. the ASA found that Zapp’s ad crossed the line by suggesting that alcohol could create or speed up a specific emotional state. The combination of a prominent gin-and-tonic image with the line “Friday Feels – in minutes, 24/7” implied that drinking alcohol could quickly bring about the sense of relaxation and enjoyment typically associated with the end of the working week. While Zapp argued that the wording referred to its rapid delivery service, the ASA considered consumers would interpret the message as alcohol helping to achieve those “Friday feels” at any time. Because the ad linked alcohol directly to an improved mood and accelerated feelings of relaxation, the complaint was upheld.
Tanqueray of hope
So that’s two ‘wrongs’. Do we have a ‘right’? Well, yes, we do!
Our last ruling features a TV ad for Tanqueray gin, showing people in various scenarios, like a beach, a roof terrace, in front of a mirror etc and featured the tag line “Let’s live magnificently”. The ASA concluded that the ad did not breach the rules around portraying alcohol as changing one’s mood. The key factor was that the characters were already shown enjoying themselves, smiling, socialising and embracing a sense of occasion before alcohol appeared in the scenes. While phrases such as “Add a dash of fabulous” and “Let’s live magnificently” created an aspirational, upbeat atmosphere, the ASA found that the ad linked that feeling to the characters’ behaviour and the effort they put into making everyday moments feel special, rather than to drinking alcohol itself. Because the mood was established independently of the product, and there was no suggestion that alcohol transformed the atmosphere or made the gatherings successful, the ASA ruled that the ad did not portray alcohol as capable of changing mood.
So that’s probably the key – showing people already happy/context/excited/other in the ad, without linking it specifically to the alcohol. Happy people in an ad doesn’t have to (and shouldn’t) attribute that happiness (or whatever emotion) to the alcohol.
Whilst we hoped this deep dive into alcohol helped, we’re aware this issue can be nuanced. We have specific guidance at the following links to do with this subject:
Alcohol: Enhanced Sporting, Mental and Physical Capabilities
Alcohol: Boredom and Loneliness
Alcohol: Challenges, Bravery and Machismo
And Alcohol: General, which contains links to all of our alcohol guidance.
However, if you ever just want a second opinion, our happy/excited/occasionally moody Copy Advice team are always available to help you out. Great vibes all around.
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