Last week, new guidance surrounding the advertising of low and no-alcoholic drinks came into force. Issued by the Advertising Standards Authority (ASA), the rules outline that many adverts promoting alcohol-free drinks must still comply with the rules relating to alcoholic drinks.
It’s a potentially confusing move from the regulator, but one which is needed as the no and low alcoholic sector is continuing to grow and spread – pleasingly, both for the nation’s health and marketers – outside of the Dry January trend.
The physical, social and mental health risks of excessive alcohol consumption are well established – there were 10,048 UK deaths from alcohol-specific causes alone in 2022. So, why is the ASA concerning itself with setting out guidelines for non-alcoholic drinks – especially when the very real risks of gambling and vaping adverts aimed at children remain largely unaddressed?
Turns out, it has far more to do with the brands selling the alcohol-free beverages than it does with the actual drinks themselves.
The guidance relates solely to promoting drinks with an ABV of 0.5% or less, which are “marketed as alternatives to alcoholic drinks”. It centres on the fact that no and low-alcohol versions often closely mirror the core brand, meaning that alcohol-free ads might – inadvertently or otherwise – end up promoting alcoholic drinks.
With that in mind, the aim is quite simple: to stop brands promoting boozy drinks on the sly.
Intellectual property specialist and lawyer Ciara Cullen outlines how the new guidance is likely to impact brands, and how they can remain ethical and compliant without missing out on the sales boom.
Keep your alcohol-free product in full view of the ASA
“Generally brands will want to bring out their low and no alcohol ranges under their well-established brand name as it’s an alternative to the standard alcoholic beer or wine,” begins Cullen.
“It needs to be very clear that what you’re promoting is the 0% product, otherwise you’re going to need to make sure the advert fully complies with the current rules in place for advertising alcoholic drinks.”
She adds that brands should feel free to use their logo but the key is to make sure it is clear what product is being advertised, keeping the ABV in full view. Ads should also avoid showing people drinking alcoholic versions of the product within shot.
“I think it’s quite clear that you’re going to be caught by the alcohol advertising restriction [if you do]. There are less restrictive rules around alcohol alternatives, and you will only need to follow those as long as your campaign isn’t also directly – or indirectly – advertising alcohol.”
Pick what you emphasise with caution
As well as an array of non-alcoholic and low alcohol lagers, there has also been a boom in fermented drinks such as Kombucha. For the most part, Cullen says these would fall outside the guidance as they are mainly marketed as foodstuffs, despite the fact that some of them have trace alcohol elements.
“If they start bigging up the alcohol content and that becomes a feature of how they market themselves, they could come under the scope of this guidance as well,” she adds.
Another key area for caution is the types of situations being shown in the adverts – such as ads for non-alcoholic beers where there are cars or sporting activities in the vicinity. The ASA says it doesn’t forbid these situations for non-alcoholic products in the same way it does for alcoholic drinks, but caution should nevertheless be exercised, and it must be extremely clear that the product is an alcohol-free one.
“Sensible businesses will now be revisiting any previous campaigns and advertising materials to make sure that they comply with the new rules,” says Cullen.
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Ensure you don’t inadvertently market to kids
When disposable vapes came on to the scene they were marketed as an alternative that could help wean addicted adults off cigarettes. However, they soon began presenting in an array of bright colours and sweet flavours, appealing to a teenage demographic and inadvertently acting as a gateway nicotine habit.
After ruling against several vaping adverts, it’s likely the ASA is concerned that non-alcoholic drinks could be advertised in a similar way, acting as gateway to alcoholic drinks. This could include using branding elements such as cartoon characters.
“When you talk about alcohol alternatives for people who are of drinking age, it’s very much an interchangeable product. It’s like something that you have in a setting where you would normally have alcohol but you’re just having it as an alternative and might use it interchangeably,” Cullen says.
“They’re geared for that environment, so the ASA has been quite specific that it shouldn’t be targeted at young people. The same kind of rules apply in terms of people should look at least 25 and over. So, alcohol-free advertising is very similar to alcohol, from the perspective that it should not appeal to under-25s,” she adds.
‘It’s quite easy to get this right’
Despite her notes of caution however, Cullen feels it’s quite easy to stick within the rules, especially if you emphasise the 0% on your product label.
“It’s quite easy to get this right and ensure you’re not going to fall completely foul of the rules,” Cullen says.
“The only tricky bit of debate that could potentially be unfair and overly restrictive in terms of how it’s policed is the brand name.
“Of course brands want to use their brand name on their alcohol alternative, and they should be able to do so, so I can see how the suggestion that your IP would be restricted would be met with some resistance,” she adds.
And when it comes to cross-branding, no brand will want to be the case used as a boundary-defining example. While the new rules might not be particularly complicated, the precedent is yet to be defined, which will rightly leave advertisers erring on the side of the caution.
