Background

Summary of Council decision:

Three issues were investigated, all of which were Upheld.

Ad description

Two posts appearing on The Spiritualist Glasgow’s Instagram account:

a. The first post, posted 26 April 2022, featured an image of the influencer Lyds Butler standing at a bar holding a cocktail. The post included the caption “Only Tuesday & we can taste the weekend already… DID SOMEBODY SAY COCKTAILS @lydsbutler?! …”.

b. The second post, posted 2 May 2022, featured an image of the influencer Rachel Kelly holding a cocktail. The post included the caption “Hands up if you’ve got a sore hungover head from the Bank Holiday weekend fun…? [crying with laughter emoji] Well the fun doesn’t have to stop here – we’re already looking forward to what’s looking like another busy weekend ahead so make sure to be involved [partying face emoji]”.

Issue

The ASA challenged whether the following ads breached the Code because they featured someone who seemed to be, or who was, under 25 years of age:

1. Ad (a); and

2. Ad (b).

3. The ASA also challenged whether the claim “Hands up if you’ve got a sore hungover head from the Bank Holiday weekend fun … Well the fun doesn’t have to stop here – we’re already looking forward to what’s looking like another busy weekend ahead so make sure to be involved …” in ad (b) was socially irresponsible, because it encouraged excessive drinking.

Response

Signature Pubs Ltd t/a The Spiritualist said that the posts had been removed.

1. They were not able to confirm Lyds Butler’s age, but said that she was of legal age to consume alcohol. They said Ms Butler was not paid in any capacity. She had emailed The Spiritualist to ask if she could come in and take photos of herself at the bar area. The photo was posted on social media by The Spiritualist with Ms Butler’s consent.

2. They said that Rachel Kelly was not known to them and they were therefore not able to confirm her age, but she was of legal age to consume alcohol. The post was originally uploaded on Ms Kelly’s own account, and they had shared the post as they were tagged in it by Ms Kelly. She was not in attendance at the bar in any paid capacity.

3. They did not believe that the claim “Hands up if you’ve got a sore hungover head from the Bank Holiday weekend fun…?” was socially irresponsible. There was no suggestion from the post, including from the words “hungover” or “fun”, or use of the party emoji, that The Spiritualist condoned or encouraged excessive drinking. A person could have a hangover for other reasons. Consumers came to The Spiritualist to have fun, which involved eating, meeting friends, enjoying time with family, and drinking – if they wanted to. They were making conversation, referring to a Bank Holiday weekend which was seen as a time to relax, enjoy and have fun. The post asked the question and then referred to their food and drink services. It was not an unusual question to be asked. They said the single use of the word “hungover” could not be deemed to encourage excessive consumption and there was nothing in the image to point to that either.

Assessment

1. & 2. Upheld

The CAP Code stated that people shown drinking alcohol or playing a significant role in an alcohol ad must neither be, nor seem to be, under 25 years of age.

Lyds Butler in ad (a) and Rachel Kelly in ad (b), who were both holding cocktails, were the focus of the images and the ASA therefore considered they each played a significant role in the respective ads. Additionally, together with the text included in the posts, we considered it was clear from the ads’ contexts that they were drinking alcoholic drinks.

The ASA understood that Ms Butler was 20 years old when ad (a) was posted, and Ms Kelly was 23 years old when ad (b) was posted. We therefore concluded both ads breached the Code on that basis.

On this point, ads (a) and (b) breached CAP Code (Edition 12) rule  18.16 18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking.  (Alcohol).

3. Upheld

The CAP Code required marketing communications to be socially responsible and contain nothing that was likely to lead people to adopt styles of drinking that were unwise, including encouraging excessive drinking.

Ad (b) began with the text “Hands up if you’ve got a sore hungover head from the Bank Holiday weekend fun…?”, followed by a crying with laughter emoji. We considered that condoned drinking large quantities of alcohol to the point where a person would have a hangover, and associated doing so with having fun. In that context we considered the following sentence “Well the fun doesn’t have to stop here – we’re already looking forward to what’s looking like another busy weekend ahead so make sure to be involved”, followed by a partying emoji, suggested that the fun could continue by drinking to excess again the following weekend. We acknowledged that the post was intended to be light-hearted, but we considered it nonetheless both condoned and encouraged excessive drinking. We concluded that ad (b) was socially irresponsible and breached the Code.

On this point, ad (b) breached CAP Code (Edition 12) rule  18.1 18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable.  (Alcohol).

Action

The ads must not appear again in their current form. We told Signature Pubs Ltd t/a The Spiritualist to ensure that their future ads did not feature people who were or appeared to be under 25 years of age. We also told them to ensure that their future ads did not condone or encourage excessive drinking.

CAP Code (Edition 12)

18.1     18.16    


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