CAP and BCAP launch consultation on the advertising of alcohol alternatives

The question

How will CAP and BCAP regulate the advertising of alcohol alternatives in the future?

The key takeaway

CAP and BCAP are keen to draw the lines around alcohol alternative advertising early on, and the proposed rules show that, while ads featuring these products can be different, there are instances where the existing rules around alcohol advertising will apply. Businesses will therefore have to ensure compliance with the new rules once they are finalised, which might be before the end of 2022. 

The background

Alcohol-free alternatives to alcoholic drinks are all the rage these days, with many current and new market players entering the world of alcohol-free drinks (ie ones with 0.5% ABV or less). Because of this both the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) considered that new rules and associated guidance in relation to the advertising of these products was needed. 

As a result, CAP and BCAP launched a consultation on 10 February 2022 (the Consultation), which sought views on new proposed rules to the CAP and BCAP Codes and new formal guidance on the marketing of alcohol alternatives. 

The development

Definition of “alcohol alternatives”

The new rules will give alcohol alternatives a new fleshed out definition, so that alcohol alternatives would include: “non-alcoholic drinks (those that are under 0.5% ABV) that are intended to replace alcoholic drinks in contexts where they would normally be consumed, for example, non-alcoholic beer. A specific drink or range of drinks is an alcohol alternative if the audience is likely to consider it as such”.

The above also includes factors like branding, the way a drink is and the way it is described. The ultimate yard stick will be that a drink will be considered an alcohol alternative if a reasonable person is likely to consider it as such.

Promoting alcoholic drinks in adverts for alcohol alternatives

CAP is proposing new rules in relation to any ads for alcohol alternatives that include their alcoholic counterparts, specifically clarifying what would constitute as such. Any ads promoting alcoholic drinks will be subject to the existing rules, even if they don’t feature them but still have the effect of promoting alcohol. 

Retailers specifically will be referencing alcohol products on their websites, often incidentally. As such background functions, like suggestions of previously viewed products, will be allowed, as they don’t actively promote the products but reflect customers’ behaviour. 

Also, broad references to alcohol, such as “drinking”, are not considered to be promoting alcohol, even if they are used in conjunction with the promotion of alternative non-alcoholic drinks. The key here is whether the focus is on the promotion of the alcohol alternatives and not the brand (that might also include alcoholic drinks under the same brand), which is not deemed to be promoting alcoholic drinks. However, if the brand is the focus, the ads might be subject to alcohol advertising rules. Factual comparisons between alcoholic and alternative drinks will also be allowed. 

Promotion featuring “unsafe circumstances” and other occasions

Due to the low alcoholic content of alcohol alternatives, the promotion of them in unsafe circumstances (like driving a car) will be allowed; however, the ads will have to make it clear that the product is an alcohol alternative. To avoid ambiguity, those notices will have to feature at the same time as. or before, any imagery that would not be consistent with the rules for alcoholic drinks. 

In a slight twist to the tale, the new rules will prohibit the advertising of alcohol alternatives at times where drinking alcohol would not be considered socially acceptable, such as working at a desk in an office, as a regular breakfast drink, or while working out. 

Excessive alcohol consumption

The new rules will also seek to address ads encouraging excessive or problematic alcohol consumption, even if they feature alcohol alternatives. Nevertheless, the rules won’t prohibit advertisements showing excessive drinking that seek to persuade heavy drinkers to switch to alcohol alternatives as long as these depictions are not framed as desirable or normal. 

Advertising to children

Even though alcohol alternatives are considered alcohol free (despite their very low ABV), the social context in which they are often consumed make them a product that is broadly adult in nature. As such, the rules will extend the scheduling, targeting, and appeal-of-content rules in the existing alcohol rules in the CAP and BCAP Codes to include alcohol alternatives. 

The ads therefore cannot be directed at people under 18 years old through the selection of media where they are shown or scheduled around programmes likely to appeal particularly to children or feature people who are or seem to be under 25.

Why is this important?

The consultation sets the potential parameters in which any ads for alcohol alternatives will have to fall into. While the proposed rules are subject to change, it is unlikely that CAP and BCAP will wholly depart from its proposed rules.

Any practical tips?

Businesses currently marketing alcohol alternatives, or looking to do so, should consider the proposed rules and guidance very carefully. Particular attention needs to be paid to the “focus” of an ad when the alcohol alternative belongs to a brand which also produces alcoholic drinks. This could prove a challenge for marketing teams who like to bang the brand drum.