The Alcohol Beverages Advertising Code (ABAC) says the number of complaints and determinations it has dealt with in the first three months of 2023 is higher than the same time in 2022, with 57 complaints and 23 determinations.
ABAC chair Harry Jenkins says it’s allowed ABAC to provide valuable guidance to the alcohol and advertising industries on responsible alcohol marketing as pre-Covid conditions return.
“Alcohol marketers need to continue to be aware that references to excess consumption of alcohol are not permitted and will not be saved by the use of humour. Likewise, suggestions of alcohol causing or contributing to health benefits or sexual success cannot be used,” Jenkins said.
A complaint against Beechworth based Herbal Lore Liqueurs argued the company’s website, promotional material, and advertising suggested the consumption of alcohol would provide a therapeutic or relaxation benefit.
ABAC said that given the number of code breaches identified (more than 60) in the company’s marketing, it encouraged Herbal Lore to seek advice through ABAC's pre vetting service to recraft its website and other advertising material.
“The quasi-regulatory system for alcohol beverage marketing features an independent examination of most proposed alcohol beverage marketing communications against the ABAC prior to publication or broadcast. Pre-vetting approval was not sought for the marketing,” its determination said.
ABAC launched a pre-vetting database in 2022, allowing companies to lodge revised material/concepts for an existing application direct through the database, rather than via email. This is the fastest and most efficient way to have revised material pre-vetted, it said.
In the first quarter, the code had 857 pre-vet submissions and rejected 143 of them.
While a complaint against Fizzy Mates and its alcoholic seltzer brand Hard Fizz in January was about content posted on its Instagram. The company said the footage was not taken by its internal team, but by one of its ambassadors at a product launch for the brand.
ABAC said the complaint raised issues in relation to Part 3 (a)(i) of the ABAC which provides that an alcohol marketing communication must not show or encourage the excessive or rapid consumption of an Alcohol Beverage, misuse or abuse of alcohol or consumption inconsistent with the Australian Alcohol Guidelines.
“Several determinations this quarter examined ranges of packaging against the important standard that prevents alcohol marketing from having strong or evident appeal to minors. The determinations provide helpful guidance to alcohol companies when developing packaging and are a reminder to companies to take care when using confectionery and soft drink themes that hold nostalgia for adults to ensure those themes do not continue to hold strong appeal to minors currently,” Jenkins said.
Recent determinations include packaging that references confectionery or soft drinks, which are shown to appeal to minors. Billson’s Beverages faced the adjudication panel in February and March this year for its vodka branding.
And a decision about a Christmas VB promotion via a licensed T-shirt, which had a can of VB dressed up as Santa, also breached this ABAC standard, using themes that are strongly relatable and appealing to minors.
In ABAC’s recently released Annual Report, it said that in 2022, it had commissioned independent pro-active compliance monitoring by JWS Research.
“The findings prompted a range of actions, including strengthened educational resources for industry to complement the ABAC Pre-vetting Service which pro-actively checks alcohol marketing for ABAC compliance before it reaches the market.
“After reaching the market, a second process, the independent ABAC Adjudication Panel reviews and adjudicates on any complaints received from the public about alcohol marketing. I am encouraged that all breaches arising from complaints received in 2022 resulted in the voluntary removal, discontinuation, or a commitment to modify the material. This combination of effective proactive and reactive measures ensures a strong regulatory system,” Jenkins said.
For more information about the code click here.
ABAC's 2022 Annual Report said all breaches that came from complaints received resulted in the removal, discontinuation, or a commitment to modify the material.
ABAC said it would be releasing a revised Responsible Alcohol Marketing Code soon, along with updated guidance notes and online training materials. It will also hold a live webinar with the Panel Chief Adjudicator on 13 June at 10am. Sign up here.
