Who: Committee of Advertising Practice (CAP)
Where: United Kingdon
When: 14 November 2023
Law stated as at: 19 January 2024
What happened:
CAP has announced new rules on alcohol alternative product advertising which will come into effect this year. Accompanying the rules is new guidance on how these products should be responsibly marketed, how they intersect with existing alcoholic products and where the Advertising Standards Authority (ASA) is likely to consider rules have been broken. They cover definitions, presentation, alcohol by volume (ABV) statements, responsibility, targeting and scheduling.
Definitions
The new rules relate specifically to the promotion of beverages with an ABV of 0.5% or below that are intended to replace alcohol in contexts where it would normally be consumed. The rules state that an ad will be subject to the new rules if it is likely to be understood by the audience as an ad for an alcohol alternative either in general or as a non-alcoholic version of an existing alcoholic drink. Ads for alcohol alternative must include a prominent statement of their ABV.
Cross-promotion and shared branding
Ads for alcohol alternatives must not have the effect of promoting alcoholic drinks, whether intentionally or incidentally. Those that do have the effect of promoting alcoholic drinks or a wider alcoholic brand must comply with the existing rules relating to alcoholic drinks. This includes advertising alcohol alternatives alongside alcoholic drinks as well as the use of alcohol-related imagery (similar packaging, glassware or serving styles) without clarity on the alcohol-free nature of the product. Where an ad for an alcoholic alternative shares the same brand as an alcoholic drink the primary effect of the ad must be the promotion of the alcohol alternative.
Unsafe circumstances and consumption habits
Ads for alcohol alternatives may depict the product in circumstances where consumption of alcohol would normally be inappropriate or unsafe, such as before driving, as long as it is clear that the product is an alcohol alternative.
However, they must not contain content likely to disparage sobriety or condone high-risk alcohol consumption by, for example, showing excess alcohol consumption as commonplace even if promoting alcohol alternatives.
Minors
Alcohol alternatives must not be directed at or be likely to appeal to those aged under 18. This means they should not reflect or be associated with youth culture or include a person or character who has a strong appeal to those under 18.
The rules, which will appear in section 18 of The UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing and section 19 of the UK Code of Broadcasting Advertising come into force on 14 May 2024.
Why this matters:
The zero-alcohol and alcohol-alternatives sector has rapidly grown over the past few years, particularly as large alcohol brands have launched their own alcohol alternatives. As such, much of the advertising for alcohol alternatives has naturally evolved from that for alcohol, typically including the same kind of imagery and settings. The new rules and guidance, which follow public consultation, aim to ensure the public are adequately protected and to support advertisers in responsible marketing.
The new rules provide some welcome clarity on the marketing of alcohol alternatives. For example, brands will be allowed to market alcohol alternatives which share the same brand name as an alcoholic drink without the need to comply with some of the wider rules on alcohol, provided that the primary effect of the marketing advert is to promote the alcohol alternative. In addition, marketing for alcohol alternatives may depict the product in circumstances in which the consumption of alcohol would be inappropriate (such as driving), if it is clear that the product is an alcohol alternative.
However, brands need to ensure that marketing for alcohol alternatives does not contain content likely to disparage sobriety or condone heavy drinking.
So while the new rules are helpful for brands to promote their alcohol alternatives, there is a balancing act in compliance with the new rules and brands need to tread very carefully to ensure their marketing for alcohol alternatives is not indirectly disparaging towards sobriety (for example by depicting intoxicated persons).
