ARB ruling | Should alcohol brands advertise on the beach?

Brutal Fruit’s parent company defended the advertisement, stating that it did not explicitly promote illegal behaviour and was merely intended to showcase a celebratory and aspirational lifestyle.

The company further argued that the bottle shown on the beach was closed and was included in the scene solely for branding purposes. At no point, they claimed, did any individuals in the commercial consume alcohol on the beach. Additionally, the company reiterated its commitment to promoting responsible drinking and proper disposal of its products.

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However, the ARB found that the setting and overall context of the advertisement could be interpreted as encouraging the consumption of alcohol in public spaces. In the ruling it stated that claiming the bottle is closed on the beach is disingenuous as a consumer who will watch the advertisement will not scrutinise each frame, but will most likely believe that all the settings are places the drink can be consumed.

Clause 3.3 of the Code of Commercial Communications for Alcoholic Beverages prohibits advertisements from condoning or supporting illegal activities. Given the clear restrictions on alcohol consumption on beaches, the Directorate determined that the ad indirectly encouraged unlawful behaviour.

"There is no doubt in the minds of the Directorate that watched as a whole, the commercial condones and in fact encourages bringing alcohol to the beach and consuming it on the beach. This is illegal," is a quote from the ruling.

As a result, the advertiser has been instructed to withdraw or amend the advertisement in its current format wherever it appears.