Alcohol

A television advertisement featured an open back truck filled with apples reversing into a yard. The registration plate of the truck was shown as “84 CAL”. The truck opened to release the apples and as they fell to the ground they began to float into the air. Various people were featured trying to catch the apples with either a sheet or a fishing net, including an elderly man who was shown holding a fishing net. The same man was shown from the back at the end of the advertisement running after a floating apple.

The voiceover of the advertisement stated:
“Harvesting the Bulmers Light apples is a real challenge.
They are floaty little devils. But every year, with patience and ingenuity, we rise to that challenge.
Bulmers Light, When time bears fruit.”

The complainant objected to the advertisement on the following grounds.

Issue 1:
The complainant considered that the advertisement had featured an activity that was childlike and was attractive to children as their eleven-year-old child had said they would like to try catching the apples. They also considered that the man shown at the end of the advertisement looked like a child from the back.

Issue 2:
The complainant considered that the reference to the calorie content of the product had implied that it was healthy when it was an alcoholic product.

The advertisers responded to the complaint.

Issue 1:
The advertisers stated that they were aware of their responsibility to act within the rules of the Code, and they were careful and mindful to portray their advertising idea in a way that avoided behaviour that could be considered “adolescent, juvenile, childish or immature” in keeping with the Code. They said that it was for this reason that they kept the action as close and true to a work setting as possible and had chosen a location that represented a close representation of the real Bulmers Orchard environment and had used large tarpaulins, adult fishing nets and heavy machinery as their props. They also said that they had kept their choice of music adult in tone and the cast where all chosen for a mature and real look, and they believed that they had succeeded in avoiding any general sense that the advertisement was a children’s activity or was designed to appeal to children. In regard to the final scene, they said that the actor with the net was a man in his seventies and like the other actors in the advertisement, he was using a net to catch the apples. They did not consider that there was anything in the actor’s performance that made it appealing to children and the scene was subject to the same considerations as the rest of the advertisement, this is, a mature cast, make the props clearly adult in size and purpose and the action straightforward and avoid being playful or silly. They said that they had wanted to convey a sense of fun but with an overall take out that it was a serious business and they believed that the tone of the advertisement was adult and was appropriate for an alcoholic beverage.

They provided information on the placement of the advertisement, stating that the entire industry has the same buying policies and restrictions when it comes to alcohol and their advertisement was no exception. They said that all TV stations and media have clash codes set up and restrictions for alcohol brands to ensure that nothing runs outside of the restricted times. They said that all of their advertisements are supplied to channels with the following instruction:
Not to be transmitted in or adjacent to children’s programmes or programmes commissioned for principally directed at or likely to appeal particularly to audiences below the age of 18.

They also advised that the processes set up within the industry ensure all alcohol brands operate within the local market restrictions and that it was not possible to buy advertising space on any ‘paid’ medium for an alcohol brand in Ireland unless its 18+.

Finally, the advertisers provided a copy of the transmission times for the advertisement which showed that the advertisement had not been placed in children’s programming or programmes commissioned for, directed at, or likely to appeal to audiences below the age of 18.

Issue 2:
The advertisers said that the reference to the calories was a simple statement of fact. They said that no health claim had been made in relation to the calories and that while it could be claimed that the lower calorie content of Bulmers Light, in comparison to other ciders and beers, made it a healthier choice, no such claim had been made in the advertisement.

Complaint Not Upheld

The Complaints Committee considered the detail of the complaint and the advertisers’ response.

Issue 1 – Not Upheld:
The Committee noted that the complainant’s concerns in regard to the activity featured in the advertisement and also that they considered that the image of the man at the end of the advertisement looked to be that of a child.

The Committee also noted the requirements of the Code that advertising for alcohol should not be directed at children or in any way encourage them to start drinking; and also, that treatments that are likely to appeal to children should not be used.

The Committee noted that the advertisement had featured elements of fantasy with the apples floating, however, the overall context of the advertisement had shown the apples being delivered and was set in a location that represented the advertisers’ own facility which the Committee considered mitigated the fantastical elements. The Committee also noted the transmission times provided which detailed the channels, programmes and times the advertisement aired.

Taking account of the above, the Committee did not consider that the advertisement was in breach of the Code on the grounds raised at Issue 1.

Issue 2 – Not Upheld:
The Committee noted that the complainant considered the inclusion of the calorie content of the product implied that it was healthy, however, the Committee considered that the advertisement had provided factual information in regard to the calorie content of the product, and they did not consider that any context of the advertisement had implied a health claim.

In the circumstances, the Committee did not consider that the advertisement was in breach of the Code on the grounds raised at Issue 2.