ASA Drags Its Feet In Adjudicating On Wake-Up Drink Ads
The Advertising Standards Authority (ASA) gave a wake-up call to one advertiser of an energy drink last week, but some critics say that it is the ASA that has been sleeping on the job for taking so long to challenge the claims made.
The advertisements in question were published in the September of 1997 for Red Bull. One appeared in a magazine, one in national press, one on a computer game and one on a petrol pump. Complainants challenged whether the company could substantiate claims made in the copy that Red Bull “improves concentration”, “improves reaction time” and “improves endurance”. It turned out that the advertisers couldn’t – when the advertisements appeared, opinion about the effects of caffeine (one of the notable ingredients in the drink), with some experts claiming restorative effects and others disputing it. In addition, much of the research done on the drink was based on consumption of four or more cans, rather than one.
Three and a half years later, Red Bull has undertaken specific research on the effects of drinking just one can of the drink. Returning to the ASA they assert that the claims were correct. The ASA has acknowledged this, but told the company to seek advice from the CAP Copy Advice team before making similar claims in future advertising.
The fact that the investigation into Red Bull’s claims took four years to conclude has raised criticism from the industry, who say advertisers can get around running unacceptable advertising because by the time a ban is decided upon, the campaign has often run its course. In the case of Red Bull, the strapline has long been changed to “Red Bull Gives You Wings”. In response, the ASA says it has been working on a strategy to speed up the processing of complaints. It has recently introduced a system whereby adjudications are published on a weekly, rather than monthly, basis (see Final Monthly ASA Report Slams Sun Newspaper And Fcuk).
Red Bull was not the only energy drink to have its advertising come under fire last week. Relative newcomer to the market, Solstis, caused a complaint regarding its advertisement on a petrol pump which read “Alertness fast. Fight your eyelids.” with a picture of the drink can and the words “Solstis Fast stimulation for the body and mind.” The complainant objected that the advertisement promoted unsafe driving because it encouraged drivers to continue driving when tired.
The advertisers pointed out that their “alertness fast” campaign had also used media other than petrol pumps, including posters on high streets, railway stations and leisure events. They said they were promoting a product proven to rapidly increase alertness and levels of concentration, and submitted evidence to this effect. The authority did not uphold the complaint, deciding that “the advertisement merely implied that the drink could increase alertness, not that drivers should drink and continue driving when tired.” The Authority concluded that the advertisement was unlikely to promote unsafe driving.
ASA: 020 7580 5555 www.asa.org.uk
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