On 1 October, Scotland banned off-licensed premises from making available certain types of alcohol promotion e.g. buy-one-get-one-free, 3 for 2, 3 bottles for £10 etc. The ban has clear implications for ads by alcohol retailers, especially those with stores across the UK. To ensure consumers are not misled by ads that imply these promotions are available in Scotland when they are not, CAP and BCAP have produced guidance to assist compliance with the Advertising Codes.

The Scottish Executive has sought to tackle alcohol misuse in Scotland by passing a new Alcohol Act; this law limits the availability of cheap alcohol in order to help prevent harmful levels of consumption.

On 1 October 2011, the Act was extended to introduce new restrictions on the retail of alcoholic drinks in Scotland in off-licensed premises. Retailers are now prevented from offering certain multi-buy promotions such as buy-one-get-one-free, 3 for 2 and 3 bottles for £10.

The new provisions mean that types of alcohol promotion that are available in the rest of the UK are now not available in Scotland. CAP and BCAP, the bodies that write the UK’s Advertising Codes, have considered the implications for ads by alcohol retailers. In particular, they have considered the potential for consumers to be disappointed by ads that imply a multi-buy promotion is available in Scotland when it is not. For example, a consumer travelling from London to Edinburgh could see an ad for an alcoholic drinks promotion by a national retailer and plan to take advantage of that offer in Scotland, only to find it was unavailable.

The CAP and BCAP Codes include long-standing rules which prevent ads from misleading consumers. To assist compliance with these rules, CAP and BCAP have produced joint guidance to alert advertisers, agencies and media owners to the new restrictions. The guidance advises that in many cases it may be appropriate for ads for alcoholic drinks promotions to include disclaimers stating that these promotions are not available in Scotland.

The guidance urges advertisers to consider the context in which their ads may be seen and how they might be interpreted by consumers. If there is a possibility that the consumer would expect an advertised promotion to be available in Scotland, the guidance advises the advertiser to include a disclaimer to avoid causing disappointment.

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