The Alcohol Beverages Advertising Scheme (ABAC) regulator has shared its latest decisions and warnings for complaints against alcohol products in breach of the code, all of which consistently breached Part 3 of the code on social media channels. In late 2023, a new Responsible Alcohol Marketing Code was introduced.
An image posted by Good Luck Seltzer of a man receiving an uncontrolled long pour into his mouth by a third party posted to social media with the caption ‘New Year’s resolution: consume more real fruit’, breached Part 3 (a)(i) and (ii) of the code by showing the rapid and irresponsible consumption of alcohol and directly implying and treating as amusing the excessive consumption of alcohol. Good Luck Seltzer accepted the breach and removed the ad on notification of the complaint.
Part 3 (a) of the ABAC Code provides that a Marketing Communication must not show (visibly, audibly or by direct implication), encourage, or treat as amusing, consumption inconsistent with the Australian Guidelines to Reduce Health Risks from Drinking Alcohol, such as: excessive Alcohol consumption (more than 10 standard drinks per week or more than 4 standard drinks on any one day); show (visibly, audibly or by direct implication), encourage, or treat as amusing, rapid Alcohol consumption, misuse or abuse of Alcohol or other irresponsible or offensive behaviour that is related to the consumption or presence of Alcohol.
Breaching Part 3 (a) and (c) was Heist Vodka, who posted two images to social media portraying overtly sexual advertising and criminal behaviour through the brandishing of weapons and face masks.
The first post breached Part 3 (a)(ii) of the code by directly implying criminal activity (irresponsible behaviour) that is related to the alcohol product. The second post breaches Part 3 (c)(ii) of the code by showing or directly implying the consumption of alcohol contributing to the achievement of sexual success.
An Instagram post by Tradie Beer showing a person apparently underwater or floating in a pool holding a can of the product and then remaining partially submerged while consuming the product was judged as inconsistent with the Part 3(d) standard. Tradie Beer accepted the breach and removed the ad on notification of the complaint.
Part 3 (d) of the ABAC Code provides that a Marketing Communication must not show (visibly, audibly or by direct implication) the consumption of an Alcohol Beverage before or during any activity that, for safety reasons, requires a high degree of alertness or physical co-ordination, such as the control of a motor vehicle, boat or machinery or swimming.
Also breaching Part 3 (d) were two posts on Bower Hard Kombucha’s Instagram page showing a person in a pool while consuming the product were inconsistent with the Part 3(d) standard. The brewer did not dispute the breach and removed the posts on notification of the complaint.
All complaints received from 1 January 2024 are considered against the new code. ABAC encourages everyone who is involved in the marketing of alcohol to complete the one hour free online training course which has been updated to reflect the new provisions - available here.
