Challenger beer brand Prime Time has fallen foul of the ASA over health claims made in its debut OOH campaign.
The campaign, which rolled out across 250 sites in London last November, made the claim that Prime Time was “beer, but better” contained “63% fewer carbs” and offered “next level taste,” while being “easy on the waist”.
It also sought to entice customers with the strapline “and at 4.2% abv, why wouldn’t you?”.
The ASA investigated three possible breaches of the CAP code, all of which were upheld.
The boast that Prime Time contained “63 fewer carbs” was an unpermitted nutritional claim for alcoholic drinks products as it “suggested that the product had particular beneficial nutritional properties because it was reduced in carbohydrates”, the ASA said.
Only “low-alcohol”, “reduced alcohol” and “reduced energy” are permitted as nutritional claims in relation to booze under the CAP code.
Furthermore, both “beer, but better” and “next level taste, easy on the waist” were both health claims that were not permitted, the ASA ruled.
While “beer, but better”, could reference “an enhancement in quality or taste”, in the context of the ad as a whole it was “understood as implying that the beer provided general benefits to overall health”, it said.
Finally, the question “and at 4.3% abv, why wouldn’t you?” was considered to go beyond a factual presentation of abv. “It emphasised the alcoholic strength of the product and suggested it may be preferred because of that,” the ASA said.
As only low-alcohol drinks were allowed to present their abv as a reason to choose them over other products, this claim also breached the CAP code, it concluded.
The advert in question has been banned and must not appear ahead in the form complained of.
“We told Prime Time Lager that future marketing communications must not make health claims or non-permitted nutrition claims about alcoholic drinks,” the ASA said. “They must not imply that a drink may be preferred because of its alcohol content.”
Prime Time “meticulously followed legal guidelines” when producing its debut OOH campaign, a spokeswoman for the brand insisted.
“Our reference within the recent campaign to ‘63% fewer carbs’ is a factual comparison,” the spokeswoman said. “This is the type of information we believe today’s consumers actively seek when choosing between products. Our tagline ‘Beer, But Better’ encompasses multiple elements of the product proposition such as our award-winning taste – it’s not a direct reference to nutritional value only.
“Whilst we’re disappointed that this context wasn’t considered sufficient under current guidelines, we respect the ASA and in future will adjust our messaging in line with their feedback.”
Founded in late 2021 by Harvey Armstrong and Sam Holmes, Prime Time is currently stocked by Waitrose.
In October, the brand raised more than £1m via Crowdcube to support its growth ambitions.
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