Advertisment
The advertisement was a description of Buckfast Tonic Wine 75cl on the Molloy’s website. It read: –
‘Are you tired of regular old wine that just gets you tipsy? Do you want a wine that packs a punch and leaves you feeling like a superhero? Look no further than Buckfast Tonic Wine! Buckfast Tonic Wine is not your ordinary bottle of grape juice. It’s a secret blend of herbs and spices that will have you feeling like you’re on top of the world. Whether you’re at a party, a wedding, or a funeral (okay, maybe not a funeral), Buckfast Tonic Wine is the perfect companion to any occasion.
But don’t just take our word for it. Here are a few testimonials from some of our satisfied customers:
“I drank Buckfast Tonic Wine before my job interview and I got the job! I don’t remember much of the interview, but I’m pretty sure I nailed it.” – Dave, 27
“I had a glass of Buckfast Tonic Wine before my wedding and I don’t remember saying ‘I do,’ but my wife assures me that I did.” – Steve, 34
“Buckfast Tonic Wine is the only thing that gets me through family gatherings.” – Karen, 42
So what are you waiting for? Grab a bottle (or ten) of Buckfast Tonic Wine and let the good times roll! Just be prepared for the morning after.’
Complaint
The complainant believed the advertisement had been irresponsible in its portrayal of alcohol.
They believed the advertisement was in breach of Code section 9.5(a) as the description of the product as having been able to make one feel ‘like a superhero’ or ‘on top of the world’ implied that the consumption of alcohol could have improved physical performance, personal qualities, or capabilities.
They also said that they believed the advertising was possibly a breach of Code section 9.5(e). They said that encouraging the product to be drunk at funerals was not ‘pro-social’ and the quote of a supposedly satisfied customer which said that ‘Buckfast Tonic Wine is the only thing that gets me through family gatherings’ was inappropriate as it implied that one needed to rely on alcohol to function socially.
Response
The advertisers said that the advertising had been generated by an artificial intelligence writing tool and that its tone had been intended to be of a light, tongue-in-cheek style. Therefore, they said, that the copy was never intended to suggest any literal benefits or supposed qualities of the alcoholic product. They conceded however, that the wording- although presented in a humorous or informal manner- could be read in a manner that would not have been consistent with the requirements of Code sections 9.5(a) and 9.5(e).
The advertisers said that as a corrective measure they had removed the complained about advertising and had replaced it with a factual description of the product. They apologised for any ‘unintended impression’ created by the advertising and said that they would introduce internal checks to ensure AI-assisted content is reviewed for compliance before publication.
Conclusion
The Independent Council considered the detail of the complaint and the advertisers’ response. They noted that the advertisers had withdrawn the advertisement on receipt of the complaint. They also noted that the content had been created by an AI writing tool, and the advertisers had introduced internal checks to ensure that AI-assisted content is reviewed for compliance before publication.
The Council noted that the advertisement had centred on the effects of the product and had included testimonials on how the product had helped various people get through social or business settings such as a job interview, a wedding and a family gathering. They noted in relation to the job interview and the wedding, the implication that the amount of product consumed had led to memory loss. They also noted that the advertisement had also referred to the consumption of the product in excess (‘grab a bottle or 10’).
The Council noted the requirements of the Code that marketing communications for alcoholic drinks should be socially responsible, that they should neither encourage excessive drinking nor present abstinence or moderation in a negative way (9.1); they also noted that advertising may refer to the social dimension or refreshing attributes of a drink but should not state, depict or imply that the presence or consumption of alcohol can improve physical performance or personal qualities or capabilities (9.5a); Should not state, depict or imply that the presence or consumption of alcohol can contribute to social, sporting or business success (9.5 b).
The Council also noted the requirement of the Code that marketing communications should only depict or imply the responsible and moderate consumption of alcoholic drinks (9.8 a); that marketing communications should not show, imply or encourage immoderate or irresponsible drinking (9.8 b); that marketing communications may not suggest, or commend, or make fun of over-indulgence in respect of alcohol or its after-effects (9.8 f); or that marketing communications should not claim that alcohol has therapeutic qualities or that it is a stimulant, a mood-changer or a sedative, or that it is or can be transformative of an individual or a situation or that it is a means of boosting confidence or resolving personal conflict (9.8 g).
The Council considered that the advertisement had portrayed the product as a way of helping with various social interactions and had encouraged excessive consumption of the product, including the aftereffects of overconsumption In the circumstances, the Council considered that the advertisement was in breach of Sections 9.1, 9.5a, 9.5b, 9.8a, 9.8b, 9.8f, 9.8g.
Action Required:
The advertising should not appear in its current form again. The Council advised advertisers to ensure that content is reviewed for compliance with the Code prior to its publication.
