Alcohol advertisers must adhere to strict rules to ensure safety and age-appropriate representation in their ads. According to the CAP Code, ads must not link alcohol with activities or locations where drinking would be unsafe or unwise. Additionally, individuals shown drinking alcohol or playing a significant role in alcohol marketing must be, or appear to be, at least 25 years old.

Recently, Estrella Damm faced scrutiny by the ASA for two Instagram reels that potentially breached the CAP Code.  They were posted on Estrella Damm's own Instagram account.

The first reel (ad (a)) showed someone swimming in a pool as well as drinking bottles of beer on rocks by the sea and then jumping into the sea. On-screen text said: “Spring Vibes. Post de la Selva. 2024. Estrella Damm” 

Another reel (ad (b)) featured scenes of people sunbathing, having fun on the beach and attending a music festival, with on-screen text stating “Estrella Damm. The Beer of Barcelona” alongside a bottle of their beer.

Issues

The ASA posed itself the question of whether ad (a) irresponsibly linked alcohol with an activity or location in which drinking would be unsafe.

One person also challenged whether ad (b) breached the CAP Code because it featured people who were, or seemed to be, under 25.

Response

Estrella said that the ad (a) did not promote unsafe or irresponsible drinking. They said the ad aimed to outline their brand’s link to Mediterranean culture by featuring a group of people enjoying a day on the Catalan coastline. The bottles were blurred.  However, they also acknowledged that the ad was produced by one of their Spanish agencies unfamiliar with UK ad regulation. They usually took the view that beaches or swimming in the sea were generally not considered as risky activities, particularly in the Mediterranean. However, they deleted the ad and said that they would not use similar images in the future.

They also said that all the models in ad (b) were all aged above 25 at the time of it being shot and they provided photographic identification confirming that. They also said that the ad was showing people attending the Primavera Sound music festival, of which DAMM 1876 was a sponsor and official beer brand, and so was intended to appeal to youth culture in a broad sense, including to people in their thirties.  

Decision

The ASA upheld its own complaint against ad (a).  It pointed out that the ad showed three individuals drinking from bottles on rocks near the sea and after drinking from the bottles one of the individuals was shown jumping into the sea and swimming. Even though the bottles were blurred, the ASA considered that the overall context suggested that consumers were likely to understand that the individuals were also drinking alcohol on the rocks before jumping into the sea.  It said that there was a clear link in the ad between drinking alcohol on the coastline and swimming, which were activities in which drinking was unsafe or unwise. As such, the ad was irresponsible and breached the Code.

The ASA dismissed the second complaint.  It said that music festivals are not exclusively attended by those under 25 and in this case about two thirds of attendees were over 25. In addition, the models were aged between 25 and 32. In the overall context of the ad and given that their general appearance, although youthful, was not suggestive of being younger, the ASA concluded that they did not seem to be under 25 years of age. Therefore ad (b) did not breach the Code.

No bebas cerveza antes de sumergirte en el mar. Por favor. 

So, a glimmer of hope in relation to the second ad, in that music festivals are not only for the young - though if you ask me, they are best suited to those whose backs don't creak and crack - my festival days are over, particularly if tents are involved…!

In relation to drinking and diving, as Tom Daley will tell you as part of his latest campaign, you should never drink and dive (or: No bebas cerveza antes de bucear). So, it's no surprise the ASA upheld its own complaint against that ad on the basis that it irresponsibly showed people doing just that.