An ad for drinks brand Prime Time Lager has been investigated by the Advertising Standards Authority (ASA) over its “nutrition claims”.
The poster ad, which was seen on the side of a bus in October 2024, included product images of cans of beer and a pint in a glass. Large text stated, “BEER, BUT BETTER.” Smaller text underneath included “63% FEWER CARBS”.
Further text stated: “NEXT LEVEL TASTE, EASY ON THE WAIST”. The Prime Time logo appeared on the right, with text underneath which included “AND AT 4.2% ABV, WHY WOULDN’T YOU?”.
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Two complainants challenged whether the statements were nutrition claims, which are not permitted for alcoholic drinks. While the ASA challenged whether the claim “AND AT 4.2% ABV, WHY WOULDN’T YOU?” implied that a drink may be preferred because of its alcohol content.
The Innovative Brewing Company, owners of Prime Time Lager, said they believed the ad was compliant with the Code, as they had followed guidance from an external agency, which assured them the ad had been cleared by their legal team.
Additionally, the firm stated that another team, adhering to rigorous rules and regulations, had also granted approval.
The ASA considered the claim “63% FEWER CARBS” suggested the product had particular beneficial nutritional properties because it was reduced in carbohydrates. It was therefore a nutrition claim for the purposes of the CAP Code.
However, it was not one of the three nutrition claims permitted to be made in relation to alcohol and in addition was not permitted to be made in relation to any food or drink product. That claim therefore breached the Code.
“We concluded that consumers were likely to interpret the claim “NEXT LEVEL TASTE, EASY ON THE WAIST” as implying that the product could contribute to weight loss or maintenance. We considered it was therefore a health claim,” said the ASA report.
“Because health claims such as “NEXT LEVEL TASTE, EASY ON THE WAIST” and “BEER, BUT BETTER” were prohibited for alcoholic drinks, we concluded that the ad breached the Code.”
The ASA concluded the ad must not appear again in the form complained about.
“We told The Innovative Brewing Company Ltd t/a Prime Time Lager that future marketing communications must not make health claims or non-permitted nutrition claims about alcoholic drinks. They must not imply that a drink may be preferred because of its alcohol content,” the ASA said.
