Jingle Fails: Boozy Holiday Ads That Fell Flat

As we are well and truly into the festive period, we thought we’d shed light on some previous Christmas guffs that were put on the naughty list by the Advertising Standards Authority (ASA). From magical Santas to cheeky party slogans, these festive ads appealed a little too much to under-18s and made light of responsible drinking. With that in mind, as the season of goodwill approaches, let’s unwrap the lessons from these advertising mishaps and see what marketers can learn to stay on the nice list.

 

Pour Some Cheer, Santa’s Here

What was complained about? A Facebook paid-for ad and Instagram ad for an alcohol wholesaler featured Santa Claus with magical elements such as glitter flying, magic gift wrapping, as well as use of a tablet to decide whether a customer was naughty or nice and to match a suitable alcoholic drink accordingly. The ASA challenged whether the ads breached the Code because they featured Santa in a way that was likely to appeal to people under 18 years of age.

What was the ruling? Upheld. The ASA found the ad breached the CAP Code by having particular appeal to under-18s. While Father Christmas can appeal to all ages, the ad’s nostalgic and magical portrayal, festive music, exaggerated reactions, humorous elements like a “naughty or nice” app and playful names, was deemed especially attractive to children. This appeal was reinforced by the ad’s whimsical tone and depiction of Father Christmas as a magical figure. Although the ad was targeted at users aged 18 and over, the platforms used lacked robust age-verification measures (as we've previously noted in this article), meaning under-18s could still be exposed to the ads. As a result, the ASA concluded the ad was irresponsible and in breach.

Ramifications? Advertisers should beware featuring Santa Claus in a way that includes festive music, magic and his playful manner and humour. In addition, advertisers of products for over-18s should ensure robust targeting measures are introduced, or else swap out these elements so the ad is no longer attractive to children.

 

Breaking the Dry Spell

What was complained about? A paid-for Instagram story from an alcoholic beverage provider promoted an alcoholic beverage with text referencing “Dry January,” - a campaign encouraging alcohol abstinence. The ad said, “Doing Dry January? One won’t hurt, right?” and encouraged users to buy the drink for £1.99 to “keep the party going into January.” A complaint was made suggesting the ad irresponsibly implied that drinking alcohol could help overcome boredom during Dry January.

What was the ruling? Upheld. The ASA deemed that the ad encouraged individuals to break their commitment to avoiding alcohol and trivialising an individual's effort to reduce alcohol consumption. Additionally, the suggestion to “keep the party going into January” implied that alcohol was necessary to avoid boredom and maintain enjoyment after the festive season. Taken together, the ASA concluded that the ad irresponsibly implied alcohol could alleviate boredom.

Ramifications? While the ASA has always taken a dim view of brands irresponsibly encouraging alcohol consumption amongst consumers, it is evident from this ruling that discouragement of initiatives such as 'Dry January' to reduce alcohol consumption are problematic.

 

When the Sun Sets, the Spirits Rise

What was the ad? This ad featured a group of friends sitting around a table drinking with large text stating “Shorter days mean we can skip to the good part” and further text stating “Make it count” and “Remember the good parts. Please drink responsibly”. This prompted complaints that the ad promoted adopting unwise drinking styles, implied that alcohol might take priority in life and implied that drinking alcohol could overcome boredom by encouraging people to start drinking earlier in the day.

What was the ruling? Upheld. The ASA interpreted the text, “shorter days mean we can skip to the good part.” as suggesting that the shorter daylight hours of winter justified drinking earlier in the day, implying that alcohol was the most enjoyable part of the day and could be used to skip the mundane aspects of life to help overcome boredom. The ad was considered to encourage people to drink earlier than they usually would and this encouraging them to drink more alcohol than they usually would. A "drink responsibly" message couldn't stop the ad being seen as promoting irresponsible drinking habits and giving alcohol a high priority in life.

Ramifications? Unsurprisingly, the ASA is less than impressed with any brands attempting to portray alcohol as being a panacea. This ruling also makes it clear that when using disclaimers such as "drink responsibly" – this will not act to counteract any earlier suggestion in the ad to drink to overcome boredom.

To read: (i) further insights on ASA Alcohol rulings (sadly not involving Father Christmas), click here and here; (ii) around UK guidance for advertising alcohol-free drinks click here; and (iii) our Edinburgh office's Scotch whisky articles click here.

 

Appropriate copy and responses to regulatory investigations to any broadcast or non-broadcast advert will always be fact specific, for advice on any of the issues identified in this post: contact Alex Lowe and Hannah Potter of DLA Piper UK LLP.