The ASA ruled against a brochure, for Fireball Whiskey which featured text which stated “Tastes like heaven burns like hell”. The ad included photographs where one of the people held a sign that included the Fireball logo and read “The hotter you are the faster I come”.
A complainant challenged whether the person holding the sign appeared under 25 years of age and whether the statement they held was sexually sexually explicit.
The ASA upheld both complaints concluding it breached the code.
In a ruing the ASA said: “The ad must not appear again in its current form. We told Hi Spirits to ensure that those playing a significant role in its advertising must neither be, nor seem to be, under 25 years of age. We also told Hi Spirits to ensure that ads were not likely to cause serious and widespread offence.”
However Hi-Spirits has spoken out claiming the brochure was for trade stockists and not consumers.
Jeremy Hill, chairman of Hi-Spirits said: “We are disappointed that the ASA has once again ruled against Fireball. In this instance, the brochure was a marketing communication to trade stockists of the brand, not something which would be seen by consumers, and so we did not believe it fell within the ASA’s remit.
"The brochure was produced in January 2013 and predated the two rulings against Fireball earlier this year.
“Since then we have worked closely with the ASA to ensure we meet our obligations, and have implemented new procedures to ensure that all our brands’ advertising, whether through social media channels or other media, complies with the CAP Code.
“We recognise our responsibility to promote our brand portfolio responsibly. Fireball typically appeals to media-savvy and digitally literate consumers who understand and engage with the tongue-in-cheek marketing which the brand receives.
"We believe it is important to note that the complaints which have made against Fireball have not been instigated by members the public, but by organisations which have a specific campaigning stance.”