Alcohol Advertising Review Board. Determination Report

Transcription

1 Reference number: 188/13 Advertiser: Premix King Alcohol Advertising Review Board Determination Report The complaint is upheld. 23 August 2013 This determination by the Alcohol Advertising Review Board Panel ( the Panel ) concerns an advertisement for Premix King which was the subject of a complaint received on 22 July The Advertisement The complaint was in relation to the Premix King Facebook pages, seen on 23 July The Premix King is a liquor retail chain in Victoria. The Panel was provided with screenshots of the following Premix King Facebook pages: 1. Premix King Bendigo. The screenshots included: i. An image of a Jim Beam Honey and Black Cherry pack, with the caption Jim Beam Honey/Cherry minis pack only $5!!! ii. An image of a stack of Woodstock Bourbon and Cola 24 can carton, with the caption Get your Woodstock cubes for only $55!!! iii. An image of a stack of different flavoured Vodka Cruiser six-packs, with the caption Get your selected Cruisers for $2 each!!!! iv. An image of a six pack of Jim Beam and Cola cans, with two cans of Jim Beam and Cola placed on top, with the caption Jimmy cans only 8 for $25!!! v. An image of a stack of different flavoured Vodka Cruiser six-packs, with the caption Happy Friday!! Check out mixed Vodka Cruisers for only $2 each!!! vi. An image of a North Melbourne Kangaroos AFL player and a Carlton Blues AFL player, with the caption It s the Kangaroos against the Blues Etihad Stadium. First person to tip the winner and margin gets a $50 voucher!! **Entries close at first bounce. vii. An image of two Woodstock Bourbon & Cola 10 packs, with the caption WOODY 6% 10 PACKS ONLY $30!!!! viii. An image of bottles of Vodka Cruisers, with the caption Vodka Cruisers only $55 a slab! Stock up for the long weekend! ix. A cartoon image of the pop star Pink featuring the words P!NK The TRUTH ABOUT LOVE TOUR, with the caption WIN A DOUBLE PASS TO THE PMK SUPERBOX TO SEE P!NK LIVE JUST BY BUYING VODKA CRUISERS!!! 2. Premix King Echuca. The screenshots included:

2 i. An image of a Premix King staff member, next to a sign that states WOOD STOCK 6% 10pk for $ The caption states Get a 10PK of Woodstock 6% for just $30 that s right Woodstock 6% for just $30 but only at the Premix King where we don t just talk it up we back it up!!! ii. An image of a Geelong Cats AFL player and an Essendon Bombers AFL player, with the caption It s the Cats vs. Bombers in our match of the round this weekend! If you can tip the winner and margin a slab of Canadian Club 440ml cans is coming your way!! 3. Premix King Warrnambool. The screenshots included: i. An image of a woman wearing a Premix King shirt, and torn denim shorts. Text alongside her states IF YOUR NOT SHOPPING AT PREMIX KING YOUR PROBABLY BEING RIPPED OFF. The caption states don t be ripped off, get into Premix King Warrnambool, you get the service you deserve, the best deals on alcohol in town and lots of fun and freebies! Let s get a like if you have dropped in to visit the new king! ii. An image of a young man in a Carlton Dry racing jacket inside a bottle shop, with the caption Another lucky winner of a free carlton dry racer jacket.. plus goes in the draw to win a dirt bike. Get into Premix King Warrnambool for your chance to be a winner too! iii. An image of a can of Somersby Pear Cider and a can of Somersby Apple Cider, next to a pear and apple. The caption stated CHECK IT OUT! Till end of business Sunday 21 st july. Purchase a 10 pk cans of Somersby cider (pear or apple) fa $20 and get the second 10pk fa half price! When show this to any of our team at Premix King Warrnambool. iv. An image of a Yellowtail Wine logo, with the caption Get a FREE 750ML bottle of yellowtail wine when ya grab a coffee from COFFEE TREAT with the special marked Premix King Warrnambool lids. Don t miss out, it s for a limited time only! v. An image of a pair of pink, glittery high heels with a kitten sitting in them. The kitten has an image of the Premix King crown logo on its head. The caption states did you miss out on the 10 free pink cruisers last week, cos it s on again this weekend as well! buy a slab of 4.8% cruisers, any flavour and get yaself another 10 pink ones completely FREE, only at Premix King Warrnambool! vi. An image of a pile of packaged coloured Vapor shots, with the text $1 SHOTS in the top left corner. The caption states click like if you are going to drop in to Premix King Warrnambool for a few $1 shots, stock up for the weekend! vii. An image of a girl and a Premix King staff member inside a bottle shop, with the caption Premix King Warrnambool wishes Rose a happy 21 st birthday today, and check out her presents! Come in and tell us about what you are celebrating tonite! 4. Premix King Wodonga. The screenshots included: i. An image of a display of Passion Pop bottles in a bottle shop with the sign PASH POP 2 FOR $11. The caption states Don t laugh, this stuff was liquid Viagra before the real thing came along! Grab some tonight at 2 for $11 ii. An image of a large stack of Shot Buckets in a bottle shop. The caption states Shite loads of Shot Buckets, that s 28 shots for $36, what are you waiting for?

3 iii. An image of a stack of Stasson Pear Cider packs in a bottle shop, with the caption Stassen Pear cider from Belgium, 29, awesome value, blokes! Grab one for the missus and increase your odds tonight. iv. An image of a trolley full of KISS beer bottles, with the caption Jimmy s goon trolley, full of Kiss beer, don t pay $50 a slab at Dans, pay only $24 at Premix King or if you re feeling like a tight arse, grab some loose stubbies for only $1 each woo hoo! The Complaint The complainant believes the advertisement contravenes the Code. The complainant considers that the advertisement contravenes: Section (3)(a)(i) of the Content Code, on the basis that the complainant believes the advertisement was not prepared with a sense of responsibility to society. Section (3)(f) of the Content Code, on the basis that the complainant believes the advertisement offends the standards of public decency. Section (4)(a)(i)(1) of the Content Code, on the basis that the Facebook pages would appeal to young people under 25 years due to low prices and the ability to purchase products individually (e.g. for $1 or $2). The Premix King Wodonga store post on 19 July 2013 advertised selected Vodka Cruisers for $2 each. The Premix King Warrnambool store Facebook post on 19 June 2013 advertised $1 shots (available in pink and purple), and other posts on this page promote free pink vodka cruisers that they describe as an intense candy flavour. Section (4)(a)(i)(4) of the Content Code, on the basis that the advertisements include a promotion for Pink, a commercial pop star admired by many young people. A post from 3 November 2012 from the Premix King Bendigo Facebook page has a promotion for Pink s Truth About Love Tour with a tour poster and text Win a double pass to the PMK superbox to see P!NK live just by buying vodka cruisers. Section (4)(a)(ii) of the Content Code, on the basis that the adults appearing in the advertisements on the Facebook pages appear to be under 25 years of age. The Premix King Warrnambool page has a post from 15 June 2013 wishing a customer a happy 21st birthday. The post also has a photo of the 21 year old customer holding alcohol inside the store. A post from the Premix King Echuca Facebook page on 19 June 2013 promotes Woodstock 10 packs with a staff member who looks under 25 years of age. Sections (4)(b)(i) and (4)(b)(ii) of the Content Code, on the basis that the advertisements encourage irresponsible consumption of alcohol through the promotion of very low prices, the sale of individual products (e.g. Vodka Cruisers for $2 each) and phrases such as click like if you are going to drop in to Premix King Warrnambool for a few shots, stock up for the weekend!. Sections (4)(c)(ii)(1) and (4)(d) of the Content Code, on the basis the advertisement associates alcohol and sexual success through the post on the Premix King Wodonga Facebook page from 28 June which states Stassen Pear cider from Belgium, $29, awesome value, blokes! Grab one for the missus and increase your odds tonight.

4 Sections (1) and (8) of the Placement Code, on the basis the advertisements were placed on Facebook, a site regularly used by young people under 25 years. The Code The advertisement was reviewed against the Code, and in particular: Section (3)(a)(i) of the Content Code: 3. General provisions: a. Compliance i. Alcohol Advertisements must be prepared with a sense of responsibility to the audience and to society and must reflect the spirit, not merely the letter, of the Code. Section (3)(f) of the Content Code: 3. General provisions: f. Community Standards Alcohol Advertisements shall not display obvious indifference to, or encourage, conduct or attitudes that offend the standards of public decency prevailing among a significant segment of the population. Section (4)(a)(i)(1) and (4)(a)(i)(4) of the Content Code: a. Young people i. Alcohol Advertisements shall not: 1. be directed at, or have a strong or evident appeal to, Young People; 4. include a person or character whose example is likely to be followed by Young People or who has strong appeal to Young People. Section (4)(a)(ii) of the Content Code: a. Young people i. Adults appearing in Alcohol Advertisements must be over 25 years of age and be clearly depicted as adults of this age. Section (4)(b)(i) and (4)(b)(ii) of the Content Code: b. Consumption i. Alcohol Advertisements must only depict responsible and moderate consumption of alcohol beverages and must not encourage consumption that is inconsistent with the Australian Alcohol ii. Alcohol Advertisements must not feature, condone or encourage, directly or by implication, irresponsible or immoderate drinking. That applies to both the amount of alcohol presented and the way drinking is portrayed.

5 Section (4)(c)(ii)(1) of the Content Code: c. Change in mood and/or success ii. Alcohol Advertisements must not suggest that the consumption or presence of alcohol beverages may create or contribute to a significant change in mood or environment and, accordingly, must not: 1. depict the consumption or presence of alcohol beverages as a cause of or contributing to the achievement of social acceptance, social status, or personal, business, social, sporting, sexual or other success; Section (4)(d) of the Content Code: d. Alcohol and sex Alcohol Advertisements shall not be sexually provocative or suggestive or suggest any link between liquor and sexual attraction or performance. Section (1) of the Placement Code: 1. Placement: General Alcohol Advertisements should not be placed: (i) in places or at broadcast times where Young People are exposed or are likely to be exposed; (ii) in connection with content that appeals to Young People. Section (8) of the Placement Code: 8. Internet Alcohol Advertisements shall not appear online in connection with content that appeals or is likely to appeal to Young People. The Advertiser s Comments The Advertiser was contacted for comment on 24 July No response was received. Panel s determination The complaint was referred to three Panel members for review. The Panel determined: 1. The advertisement contravened section (3)(a)(i) of the Content Code, on the basis that the Panel believed the Premix King Facebook pages lack a sense of responsibility to society by heavily promoting excessive alcohol consumption, with particular appeal to young people. A Panel member noted the language and graphics used are irresponsible and encourage purchase of excess alcohol. 2. The advertisement contravened section (3)(f) of the Content Code, on the basis that the Panel believed the advertisement encouraged conduct or attitudes that offend the standards of public decency prevailing among a significant segment of the population, through the use of language such as Holy snapping duck crap and revealing pictures of women. 3. The advertisement contravened section (4)(a)(i)(1) of the Content Code, on the basis that the advertisement is directed at and would have strong appeal to young people through the

6 nature of the products and freebies advertised, the very low prices, and the selected medium (Facebook). A Panel member noted the marketing and price of Vodka Cruisers is clearly directed at young women. 4. The advertisement contravened section (4)(a)(i)(4) of the Content Code, on the basis that the Facebook pages make reference to Pink and AFL players, people that would have especial appeal to young people. 5. The advertisement contravened section (4)(a)(ii) of the Content Code, on the basis that the Facebook pages featured individuals below 25 years of age. A Panel member commented that the competition winners of the Carlton Dry racer jacket look clearly under 25, and there is mention of celebrating a 21 st birthday. 6. The advertisement contravened section (4)(b)(i) and (4)(b)(ii) of the Content Code, on the basis that the Facebook pages directly encourage bulk purchase of alcohol; and the type of sales promotions (free product for large purchases) and the nature of the statements made on the pages are strongly suggestive of heavy consumption. 7. The advertisement contravened section (4)(c)(ii)(1) of the Content Code, as the Facebook pages reference sporting heroes, celebrities, and sexual success; a Panel member commented that there is a direct association between drinking and increasing your odds with the missus. 8. The advertisement contravened section (4)(d) of the Content Code, as the Facebook pages featured revealing pictures of a girl tearing at her clothes. 9. The advertisement contravened section (1) and (8) of the Placement Code, on the basis that the advertisements were placed online on Facebook, a medium that is very popular with young people. A Panel member noted that the price at which alcohol is promoted and sold (for example, a case of beer for $25 and Vodka Cruisers promoted at $2 each) is by far the most concerning issue with this set of marketing materials. The complaint is upheld. Further action The Alcohol Advertising Review Board requests the Advertiser modify their Facebook pages immediately to reflect the concerns of the Panel, and requests the Advertiser consider the AARB Code in developing advertising materials in the future.