Marketing communications featuring alcohol in the UK are very “WHISKY business”! Non-broadcast advertisements which feature alcohol are subject to the alcohol rules stipulated under Section 18 of the CAP Code. To reCAP Section 18 states that marketing communications: 

• Must be socially responsible and not include anything likely to lead people to adopt unwise styles of drinking.  
• Must not claim or imply alcohol can enhance confidence or popularity. 
• Must not claim or imply drinking alcohol is a key component of the success of a personal relationship or social event.  

• Must not link drinking alcohol to aggression, unruly, irresponsible or anti-social behaviour. 
• Must not link alcohol to any kind of sexual activity or enhanced attractiveness.  
• Must not imply alcohol can take priority in life and can overcome boredom, loneliness etc.  
• Must not imply alcohol has therapeutic or mood-changing qualities. 
• Must not link alcohol to illicit drugs.  

This week Au Vodka made a repeat appearance on the ASA’s alcohol hitlist which includes the likes of BrewDog Plc, Zapp, Litty Liquor and Drake & Morgan. Au Vodka got into a “shaken not stirred” tryst with the ASA for linking alcohol with driving in an advert featuring Mcdonald’s seen in May 2023.  

What was the Ad?  

A user-generated Tweet was retweeted by Au Vodka’s Twitter feed. The Tweet stated “@McDonalds McCafe iced frozen drinks with @AuVodka” along with an image taken from the driver’s seat of two McDonald’s frozen slushies with two miniature inverted Au Vodka bottles sticking out resting on the console of a car. The Tweet included “*Drink Responsibly & don’t drink and drive*”.  

The ASA challenged whether the ad was irresponsible in linking alcohol with driving.  

What was Au’s response?  

• By placing the drinks on a console in the car, Au Vodka said they intended to emphasise friendship and camaraderie and did not intend to endorse in any way that consuming alcohol was permissible whilst driving.  
• By including a prominent disclaimer “Drink Responsibly & don’t drink and drive”, Au Vodka said they discouraged any association between consuming alcohol and driving and as such reinforced the importance of responsible consumption. 

The ASA upheld the ruling against AU Vodka for the following reasons:  

• Marketing communications referring to alcoholic drinks must be socially responsible, in particular, section 18.12 of the CAP Code states that marketing communications must not link alcohol with activities or locations such as driving in which drinking would be unsafe or unwise.  

• The image was taken from the perspective of the driving seat and as such implied both the passenger and driver were likely to consume the drinks and therefore linked alcohol with driving.  

• The prominent disclaimer “Drink Responsibly & don’t drink and drive” did not override the overall impression of the ad which linked alcohol with driving.  

This ruling serves as a reminder to all companies to take care when featuring alcohol in any form of advertising.  

As promotional bodyguards, PromoVeritas reviews marketing communications for the brands we work with to ensure that they adhere to the relevant regulations including the alcohol rules under the CAP Code. Please feel free to reach out if you would like any marketing communications to be reviewed!