Ad description

Instagram posts appearing on Tanya Burr’s Instagram story, for Heineken:

a. A post, on 5 April 2019, featured an image of a Heineken beer.

b. A post, on 24 April 2019, featured an image of a Heineken being poured and the text “Swipe up to get 40% off all Subs using the code INSTA40”.


Six complainants, who believed that Tanya Burr was popular with people under 18 years of age, challenged whether the ads had been appropriately targeted.


Heineken Enterprise Ltd ('Heineken') provided a demographic breakdown of Tanya Burr’s Instagram account from three separate sources. The first source was a data collection programme that measured 11% of Tanya Burr’s as under 18 years of age based on publically available data on Tanya Burr’s followers. They also provided information from a global information and measurement company that measured Tanya Burr’s Instagram followers which stated that 7.1% of Tanya Burr’s audience was under 18. That information was based on publically available information including views, likes and responses to posts by Tanya Burr. Heineken further provided demographic data from Instagram which showed that 11% of Tanya Burr’s followers were under 18. Tanya Burr responded that 11% of her followers were under 18 and provided demographic data from Instagram to support that.


Not upheld

CAP Code rule 18.15 required that ads for alcoholic drinks or ads that featured or referred to alcoholic drinks must not be directed at people under 18 through the selection of media or the context in which they appear. It further required that no medium should be used to advertise alcoholic drinks if more than 25% of its audience was under 18 years of age. The ASA took into account the specific nature of Tanya Burr’s Instagram and although we acknowledged that it may appeal to some under 18s, we did not consider that it would be of greater appeal to them than those over 18. We understood from the audience figures provided by both Heineken and Tanya Burr that less than 25% of Tanya Burr’s audience were under the age of 18. Taking into account both the nature of the channel and the demographic data available, we concluded that the ad had been appropriately targeted and did not breach the Code.

We investigated the ad under CAP Code (Edition 12) rule 18.15 (Alcohol), but did not find it in breach.


No further action necessary.

CAP Code (Edition 12)


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