Alcoholic Drinks

The advertisement was featured on an audio streaming service. It featured two voices, the second of which was comparative to a demonic voice.

The script stated:

Voice 1: Introducing the new Fireball Minis.
Voice 2: Tell them what it is.
Voice 1: The red-hot taste of Fireball Cinnamon Whisky that you can now take anywhere.
Voice 2: Now tell them where they can put it.
Voice 1: New mini technology puts the power of Fireball in the palm of your hand. Now small enough to fit in your pocket. Pop in your bag.
Voice 2: Shove it up your…
Voice 1: Sleeve! He was gonna say sleeve.
Voice 2: Ugh! Tell them where they can buy it.
Voice 1: Find Fireball Minis in the beer fridge at Circle K. Always drink responsibly. Visit www.drinkaware.ie

Issue 1:

The complainant objected to the advertisement on the grounds it was offensive and encouraged poor decisions around alcoholic use. They stated it was inappropriate to suggest that anyone sneak alcohol anywhere on their person never mind the implication of where the demonic voice said to ‘shove it’.

Issue 2:

The complainant considered that the time at which the advertisement was served to them, 6:05am, was inappropriate as their 8-year-old son could have heard it and been frightened by the tone of the demonic voice.

Issue 1:

The advertisers did not respond to this aspect of the complaint.

Issue 2:

The advertisers advised that upon receipt of the complaint from ASA they immediately investigated the allegations by the complainant that the audio streaming service had aired the advertisement at 6:05 am.

The advertisers also stated that they contacted the audio streaming company and advised them that the advertisement could only be broadcast between 10:00 am and 3:00 pm as per Irish regulations. They wished to clarify that it was their misunderstanding that the streaming service adhered to local market alcohol regulations.

The Complaints Council considered the detail of the complaint and expressed concern at the advertisers’ failure to respond to all aspects of the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.

Issue 1: Upheld.

The Council noted the Code requirements that marketing communications for alcoholic drinks should be socially responsible and should not exploit the young or the immature. They should neither encourage excessive drinking nor present abstinence or moderation in a negative way (9.01). They also noted the Code requirements that stated in the interests of health and safety, marketing communications should only depict or imply the responsible and moderate consumption of alcoholic drinks (9.08 (a)) and should not show, imply or encourage immoderate or irresponsible drinking (9.08 (b)).

The Council considered that the advertisement encouraged irresponsible drinking by suggesting people take advantage of the product size and hide it in their sleeve. In the circumstances, and in the absence of a response from the advertisers to the issue raised, the Council considered the content was in breach of the Code at sections 3.03, 3.10, 9.01 and 9.08 (a)(b).


Issue 2: Upheld.

The Council noted the Code requirement that a marketing communication should not be directed at children or in any way encourage them to start drinking (9.07). They also noted the requirement that Alcohol marketing communications should not be placed in media primarily intended for children (9.07 (e)). The Council noted that the advertisement had been placed on a streaming service and that the complainant had been served the advert at approximately 6am. They noted that no information had been provided on the placement of the advertising, therefore, in the absence of evidence to prove the advertising was not targeted at children, the advertisement breached the Code at section 9.07 (e).

ACTION REQUIRED:

The advertisement should not reappear in its current form.