Silly season soon: ABAC code breach roundup November 2024

With end-of-year celebrations quickly approaching, brands and companies are preparing to hit the airwaves and social media feeds with countless alcohol promotions. While these boozy affairs often inspire creative moments, marketers still have to play by the rules to avoid breaching any advertising standards.

Alcohol marketing in Australia is tightly regulated by the Alcohol Beverages Advertising Code, also known as ABAC. Despite being one of the toughest standards globally with fairly clear compliance guidelines, companies continue to flout the rules. Here are four recent determinations against alcohol promotions that did not pass the ABAC pub test.

Hard Fizz – Pallet of Fizz

The Ad: Hard Fizz ran an Instagram promotion offering customers the opportunity to win an entire pallet of alcoholic seltzer or money by purchasing a four-pack of the product. The accompanying video depicts the pallet being lifted onto the back of a ute.

The Complaint: The over-the-top content and promotion encourages binge drinking.

ABAC’s Decision: The content and promotion is likely to be understood by consumers as encouraging excessive alcohol consumption. ABAC will refer the determination to the Queensland Office of Liquor, Gaming and Racing.

ABAC Standard: ​“An alcohol marketing competition must not show, 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).”

The Advertiser’s Response: At time of writing, Hard Fizz still has the post on their Instagram page, despite requests for removal.

Terra Australis Distillery – Herbal Lore Liqueur

The Ad: Terra Australis Distillery markets their Herbal Lore Liqueur range as being ​“nature’s herbs in a bottle” and offering various benefits if consumed.

The Complaint: Alcoholic product claims to deliver health and therapeutic improvements.

ABAC’s Decision: Terra Australis’ use of phrases including ​“calming”, ​“the magic of healing” and ​“energy” in their marketing is a breach of ABAC Code.

ABAC Standard: ​“An alcohol Marketing communication must not suggest that the consumption of Alcohol offers any therapeutic or health (including mental health) benefit, is needed to relax, or helps overcome problems or adversity.”

The Advertiser’s Response: Terra Australis has revised marketing material and claims for the product.

Bunsters – Knickers Agave Spirit

The Ad: Hot sauce and liquor company Bunsters posted their Knickers Agave Spirit on social media, depicted to bear resemblance to the popular Snickers chocolate bar packaging and branding. The caption also states ​“Mmmmmmm Snickers in a bottle. Yummo.”

The Complaint: The product looks like a chocolate bar and appeals to children.

ABAC’s Decision: The post has strong appeal to minors and is therefore in breach of the code. This is because of the overt references to the Snickers chocolate bar, which is evidently appealing to minors and also contributes to the transition between consuming non-alcoholic to alcoholic products.

ABAC Standard: ​“An alcohol marketing communication must not have strong or evident appeal to minors.”

The Advertiser’s Response: Bunsters has removed the post. On November 12, 2024, the company announced the product is now known as Chockers, while making sly references to their legal department.

Barry’s

The Ad: Hard seltzer drink company Barry’s made an Instagram post depicting famous AFL players enjoying the beverage, including founder Bailey Smith.

The Complaint: The post features popular athletes likely to be recognised and appeal to young people, particularly teenagers who may be drawn to alcoholic products.

ABAC’s Decision: While the footballers are recognised figures, they are not being depicted as athletes in the post, which would not be regarded as appealing to minors. However, because three of the featured players – including founder Smith – are under the age of 25, the post breached ABAC guidelines.

ABAC Standard: ​“An alcohol marketing communication must not have Strong or Evident Appeal to Minors; and not depict in a visually prominent manner paid models, actors or Influencers that are and appear to be Adult but are under 25 years of age.”

The Advertiser’s Response: The Company removed the Instagram posts. 

Read the ABAC Q3 2024 Quarterly Report here.

“The misuse of alcohol may easily create social and health risks. Therefore, alcohol should always be styled in a way that supports responsible drinking. Brands are extremely lucky to have an authority like ABAC that is full of valuable guidelines and resources such as their pre-vetting service.”

Belle Delpirou, Lawyer at Plexus