Alcohol advertising in the UK is governed by a combination of legislation and self-regulation to ensure that drinks brands are not promoted as having the power to improve social or sexual prowess.
Yet at a time when, controversially, the government is planning a relaxation of the licensing laws in order for pubs to enjoy longer opening hours, the Committee of Advertising Practice (Non-Broadcast) Code takes effect on October 1 making it harder for advertisers to join the party.
Whether there's unequivocal evidence that advertising has an effect on total alcohol consumption is a moot point. Some econometric studies have shown no such connection exists whilst other studies seem to point in the other direction.
In many ways, this is a non-argument. If advertising works, then it follows that brand owners will spend their marketing budgets in order to stimulate demand for their products. At the same time, the industry needs to promote sensible drinking in order to keep its house in order and protect its reputation as a legitimate and responsible business.
According to the Council of Circuit Judges, the new licensing laws, due to be introduced in November this year, will not create a continental-style drinking culture in Britain but will spark a huge rise in "rape, grievous bodily harm and worse".
What is clear is that the UK needs a clear public policy on the issue of alcohol consumption and promotion rather than the apparent contradictory approach we seem to have at present.
Self-regulation can and does work and, in many respects, the new code is a step in the right direction, aligning non-broadcast advertising with the broadcast rules published earlier this year.
Whether this is a good example of joined up thinking is another matter for another day.
Requirement to show alcohol being handled and served responsibly
This part of the code was largely introduced as a result of some earlier TV advertising which showed spirits being de-bottled with gay abandon virtually over the heads of a crowded bar. The code applies whether or not a product is shown or referred to or seen as being consumed.
People shown drinking shouldn't behave in an adolescent or juvenile way and alcohol ads should not reflect the culture of people under 18 years old
Marketers won't be able to use youthful looking models in print advertising (that is anyone who looks under 25 years of age). So that counts me out then.
Perhaps we need a national opinion poll or ID parade to decide what a typical under 25 year looks like?
And what's the culture of people under 18 years of age? Someone should have told the CAP people that segmentation along demographic lines is a bit old hat. As any proficient marketer will tell you, it's more a case about attitudes, values and beliefs that defines an audience, not their age (or shoe size). Even 40-plus year-olds rollerblade like the best of 'em.
Links must not be made between alcohol and seduction, sexual activity or sexual success
TV creative directors have got round this by employing an overweight male actor so that the viewer thinks it's so improbable that he'll pull there's no chance that someone can complain about the sexual innuendo. Perhaps this won't translate so well in print?
Drinking alcohol should not be portrayed as a challenge
Marketing communications should neither show, imply or refer to aggression or unruly, irresponsible or antisocial behaviour nor link alcohol with brave, tough or daring people or behaviour. Can you give a XXXX?
Sales promotions
Sales promotions must not encourage excessive consumption, either directly or indirectly. So will this apply to "buy-one, get one free" promotions which are used to promote everything from baked beans to nappies?
Any goods news for marketers?
Print advertising will still be able to refer to the alcoholic strength of the product (in a factual way) and marketers will now be able to draw "factual strength comparisons" with other competitor brands. Even better, marketers can present their products as preferable because of "low or lower strength".
Conclusion
Bear in mind that in many respects the new CAP Code is more restrictive in what can be claimed or portrayed in advertising relating to alcoholic products. There are many grey areas that are open to interpretation, so it'll be interesting to see where the boundaries lie under the new regime.
Ardi Kolah is the author of Essential Law for Marketers (Butterworth Heinemann, 拢25) and is a marketing, public relations and sponsorship consultant.