The U.K. Advertising Standards Authority (ASA) has reportedly dismissed a complaint about a controversial National Health Service advertisement showing a tumor growing in the bottom of a beer glass with the tag line “the more often you drink, the more you increase your risk of developing cancer.”

Promoted by the alcohol awareness charity Balance and shown in a section of England reported to have the country’s highest rates of alcohol related health problems, the advertisement depicts a man preparing a meal and pouring a beer into a glass. As the man drinks the beer, a tumor appears to slowly grow at the bottom of the glass and slide toward his mouth. A voice-over then states, “The World Health Organization classifies alcohol as a group one carcinogen … The more you drink and the more often you drink, the more you increase your risk of developing cancer.”

Calling the ad “misleading and irresponsible, the British Beer and Pub Association, the Campaign For Real Ale, the Society of Independent Brewers, and others stated that it amounted to “scaremongering” and implied that drinking a small amount or drinking moderately would increase the risk of developing cancer.

According to Balance, however, the ad “conveyed the impression that the man featured consumed alcohol on a regular and routine basis, and at no point did the ad state or imply that the man featured was only consuming one glass of beer on that particular occasion.” The group apparently intended the consumption of one drink to be interpreted as a proxy for routine drinking, also noting that the voice-over clearly stated, “… the more you drink and the more often you drink …,” further enforcing the impression that routine or regular drinking would enhance the risk of developing cancer.

Speaking on behalf of Balance, ASA stated that “the ad aimed to depict routine drinking, whereby a man consumed a bottle of beer as part of a typical every day task; cooking dinner for his children.” In its dismissal of the complaint, ASA said, “We considered that the overarching message of the ad was that the consumption of alcohol could cause cancer, the more alcohol an individual consumed the greater that risk, and that viewers should reflect on, and potentially reduce, their alcohol intake. We did not consider that the ad over-emphasized the risk of developing alcohol related cancers, or suggested that viewers should significantly reduce their intake or abstain from the consumption of alcohol completely. In addition, we noted that the ad encouraged viewers to visit the website www.reducemyrisk.tv and find out more about the Government’s recommended guidelines and for guidance regarding their own drinking habits. Therefore, we concluded that the ad was
not misleading or irresponsible.”

 

Issue 521

 

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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