Bestway has been reprimanded by the ASA over a Bargain Booze advert featuring Father Christmas, due to its appeal to under-18s.
The Facebook and Instagram advert, seen on 3 December, featured Santa arriving at a Bargain Booze store in a red car and deciding whether the customers are naughty or nice using a “barometer-style” app.
For example, the app showed a man as ‘naughty’, but after returning a dropped purse to another customer, the app changed him to ‘nice’.
The Santa character then bought alcohol he had chosen for each customer in store, with the advert ending with on-screen text stating: “Merry Christmas from Bargain Booze”.
Bestway argued that Santa was a “cultural icon”, who appealed to “everyone, young and old”.
It also did not believe the depiction was done in a way that might encourage children to drink or showed anyone drinking under 25.
The wholesaler stated that it took its responsibilities “very seriously” and used its “best endeavours to ensure alcohol marketing did not appeal to people under 18”.
The ASA concluded, however, that because of the nostalgic and magical elements of the advert, such as festive music, Santa’s traditional costume, and the ‘naughty and nice’ app, it was appealing to children of all ages.
The advert’s “humorous tone”, such as Father Christmas arriving in a red car rather than a sleigh, which had a registration number “GIFT5 1981”, also appealed to under-18s.
With the advert being posted on Facebook and Instagram, where users are self-verified without robust age checks, ASA considered that under-18s had not been entirely excluded from the audience.
The advertising regulator therefore concluded the advert was “irresponsible and breached the Code”. The ads must not appear again in the same form.
Bestway has been approached for comment.
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