The ruling, which comes from independent advertising regulator the Advertising Standards Authority (ASA), investigated two issues but only one of those was upheld.
The advert under scrutiny was a paid-for online display ad for alcohol-free beer Heineken 0.0, which was seen on 8 July 2024. It featured an image of the Formula One (F1) race driver Max Verstappen holding a bottle of Heineken 0.0 beer.
The text stated: “The best driver is the one who is not drinking”. Smaller text stated, “Unless it’s”, next to the bottle of Heineken 0.0 beer. Further text referred to the Drink Aware website bedrinkaware.co.uk, followed by “Enjoy Heineken responsibly”. A logo that stated, “When you Drive, Never Drink” was shown around a steering wheel and a bottle of 5% ABV Heineken. A Heineken logo was in the corner of the ad.
The complainant challenged:
- Whether the ad failed to include a prominent statement of the product’s ABV (alcohol by volume) percentage and was therefore in breach of the Code; and
- Whether the ad irresponsibly encouraged drink-driving.
In its response, Heineken UK said the ad was part of its long-standing ‘When You Drive, Never Drink’ campaign, in partnership with F1.
Use of colour
It said a bottle of Heineken 0.0 was clearly visible at the front and centre of the ad with a prominent blue label, a colour it said was associated with alcohol-free variants. The wording on the bottle was used to finish the sentence so that the line read: “The best driver is the one who is not drinking. Unless it’s Heineken 0.0.”
The drinks business believed the use of colour associated with alcohol-free products and its overall sentiment meant it was clear the ad was for Heineken 0.0.
However, Heineken acknowledged the logo in the bottom right corner was not a Heineken 0.0 logo and said it would use the Heineken 0.0 logo if the ad was to be used again in the future.
It also argued research by Speero showed 97% of people read the title of online content. Therefore, believing the vast majority of consumers who saw the ad would have read the title of the ad, which included the ABV content in the product name.
On whether the promotion irresponsibly encouraged drink driving, Heineken disagreed and said the ad actively discouraged people from drinking alcohol and driving and instead offered an alternative to consumers.
The ad conveyed the message that people should not drink and drive, and that an alcohol-free alternative should be the only option for drivers. That was reinforced by the text, “The best driver is the one who is not drinking. Unless it’s Heineken 0.0.”
No indication of driving
It added the “When You Drive, Never Drink” logo, which included a red line through a bottle of 5% ABV Heineken, was clear.
Heineken further stated there was no indication Max Verstappen was about to drive, stating there were no images of a car or car keys and while Max Verstappen was closely associated with driving, he was not driving and was not in an environment that suggested he was about to drive.
The first charge was upheld under the Committees of Advertising Practice (CAP) rules that stated marketing communications for alcohol alternatives must include a prominent statement of their ABV.
The ASA understood that some consumers did not wish to consume drinks with even trace amounts of alcohol, because there was a risk of physical or emotional harm. As descriptors such as ‘alcohol-free’ were used for alcohol alternatives up to and including 0.5% ABV, the ABV of all alcohol alternative products should therefore be stated with reasonable prominence in the ad.
Meanwhile, the charge of promoting drink-driving was dismissed.
The agreed action is the ad must not appear again in its current form and Heineken was told to ensure future marketing communications for alcohol alternatives included a prominent statement of their ABV.
A Heineken UK spokesperson told The Morning Advertiser: “Heineken UK prides itself on being a responsible advertiser and, although we are disappointed with the outcome of the ASA ruling, we respect the decision.
“We maintain that it was clear that the advert was for Heineken 0.0, and anti-drink driving, however we accept that the Heineken masterbrand logo in the bottom right of the ad, should have been the Heineken 0.0 logo to reinforce the ABV, and this will be reflected in any future campaigns.”
