Low to no tolerance: new ASA rules on advertising alcohol alternatives

How is the ASA approaching the regulation of the fast evolving market of alcohol alternative products?

The question

How is the ASA approaching the regulation of the fast evolving market of alcohol alternative products?

The key takeaway

The ASA has announced specific new rules on the advertising of alcohol alternative products (ie low-and-no-alcohol drinks), which are due to come into force on 14 May 2024. Accompanying the rules is detailed guidance to help advertisers understand where the boundaries are likely to lie in judging whether ads are compliant with the rules. The development was needed due to the expansion in the low-and-no-alcohol alternatives market in recent years, a sector which was not as prevalent when the alcohol rules in the CAP and BCAP rules were first introduced. The new rules include requirements that ads that depict low-or-no alcohol products in a way which have the effect of promoting an alcoholic drink must fully comply with the CAP and BCAP’s alcohol rules. 

The background

The new rules have been developed in order to keep pace with evolution in the market for low-and-no-alcohol drink alternatives. These are drinks at or under 0.5% ABV (no alcohol) or between 0.5% and 1.2% ABV (low alcohol) and which, unlike traditional soft drinks, are intended specifically to be consumed as alternatives to alcoholic drinks in situations where alcohol might normally be consumed. They can either be standalone beverages or low-or-no-alcohol versions of an alcoholic drink, for example, a non-alcoholic beer. 

Ads for alcohol alternatives are frequently similar to those of alcoholic drinks, often depicting or referring to alcoholic drinks. These ads raise concerns about inadvertently encouraging inappropriate consumption of alcohol. Where an ad for an alcohol alternative may have this effect, it now must comply with the advertising rules relating to alcoholic drinks. 

The development

Following a public consultation earlier this year, the CAP and BCAP codes are to be updated with changes due to come into force on 14 May 2024. Under these new rules, which are accompanied by guidance, an ad will be subject to the new rules if it is likely to be understood by the audience as being for a product that is an alternative to alcohol. 

Circumstances likely to be interpreted as advertising alcohol alternatives include: use of “non-alcoholic” or other statements that indicate ABV at or below 0.5%; references to consuming the drink instead of alcohol; presentation in a style associated with alcohol; shared branding with an existing alcoholic drink, and consumption of the product in a setting where alcohol consumption is prominent. Ads with features which may have the effect of promoting alcoholic drinks or a wider alcohol brand must comply in full with the alcohol advertising rules. 

Why is this important?

Businesses which produce low-and-no alcoholic beverages, whether as stand-alone products or as alternatives to alcoholic products within their range, need to pay very close attention to the new rules, which are now almost as strict as those governing the advertising of alcohol itself. The key test is whether an ad is “likely” to be understood by audiences as being specifically for an alternative to alcohol, which is a low bar to meet. Key provisions include:

• if an ad for an alcohol alternative refers to or depicts alcohol, the references or depictions must comply with the rules relating to responsible portrayal of alcohol consumption
• where alcohol alternatives share the same brand as an alcoholic drink, care must be taken not to refer to the brand name without reference to the alcohol alternative
• ads for alcohol alternatives must include a prominent statement of their ABV or non-alcoholic status; and must not be directed to or likely to appeal particularly to people under 18, whilst people shown drinking or playing a significant role in the adverts must not seem to be under 25.

Any practical tips?

Promoters of alcohol alternatives are advised to familiarise themselves fully with the relevant rules and guidance of the CAP and BCAP Codes, which can be found here. They will come into force on 14 May 2024, meaning advertisers currently have a six-month grace period to educate their marketing teams so that they can be fully implemented into their marketing strategies and campaigns in good time. 

Winter 2023