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As no- and low-alcohol drinks edge further into the mainstream, brands must tread carefully when promoting their booze-free offerings. With fresh guidance from the Advertising Standards Authority (ASA) now in play, getting the message right is more than a legal box-tick – it's a careful balancing act between creativity and compliance. Andrew Douglas, associate at Browne Jacobson, unpacks what the new rules mean for alcohol-alternative advertising and advises how brands can stay on the right side of regulation.

The advertising landscape witnessed a pivotal shift last year with the introduction of new rules and guidelines by the Advertising Standards Authority (ASA) for the promotion of alcohol-alternative products. These apply to 'alcohol-alternatives,' which the ASA describes as non-alcoholic drinks (those at or under 0.5% Alcohol By Volume (ABV)) intended to replace alcoholic drinks in contexts where they would normally be consumed, such as non-alcoholic beer.

These changes to ensure the advertising of alcohol alternative products is conducted responsibly come in response to the growing market for non-alcoholic and low-alcohol alternatives, reflecting a shift in consumer preferences towards healthier lifestyle choices.

The rise of no and low alcohol alternatives

According to YouGov, the proportion of UK adults who drink alcohol dropped from 78% in August 2024 to 72% by December 2024. In the last three months of 2024, 62% of consumers reported trying non-alcoholic beer, followed by non-alcoholic wine or champagne (37%), spirits (25%), and cider (24%). With Dry January in the rear-view mirror, we’ve seen this trend continue with a variety of beverage companies championing their alcohol alternatives.

While lacking direct enforcement powers, the ASA wields significant influence, capable of investigating complaints, demanding the amendment or withdrawal of adverts and imposing sanctions on repeat offenders.

In instances of non-compliance, the ASA collaborates with Trading Standards and Ofcom to ensure adherence to advertising standards. Trading Standards can prosecute persistent violators under consumer protection laws, enhancing the ASA's regulatory framework. Ofcom, the UK's communications regulator, collaborates with the ASA to oversee broadcast advertising, wielding the power to issue fines and revoke licenses.

Through these collaborative efforts, the ASA, Trading Standards and Ofcom collectively safeguard consumers and promote fair competition in the UK advertising landscape.

It’s crucial to toe the line with the new rules and guidelines in order to prevent costly and potentially reputationally damaging ad withdrawals or changes. An example of the ASA flexing its muscles was seen in response to ads from Ellie Goulding-owned beverage firm Served Drinks, which was banned for implying that alcohol can overcome boredom when saying: "Forget Dry January…Is Dry January becoming a little dry? There’s no reason you can’t enjoy a drink without setting you back!”

ASA’s new rules and guidance (and how to avoid distilling discord)

ABV limits: Footnotes, onscreen text or the equivalent for audio ads are all unlikely to be sufficiently prominent. Adverts for alcohol alternatives should include a prominent statement of their ABV. We’ve seen beverage companies incorporating their ABV into the brand name of their alcohol-alternative beverage, which is a canny way of ensuring their ABV will be front and centre of all their advertising campaigns.

Unsafe circumstances: Adverts for alcohol alternatives may depict the product in circumstances where the consumption of alcoholic drinks would be inappropriate or unsafe, for example drinking whilst driving. However, it must be clear that the product is an alcohol alternative. This does not open the floodgates for marketers to incorporate their alcohol alternative beverage into every situation – for example, where consumption of low alcohol can present other risks, such as in health contexts like pregnancy.

Excessive consumption: Because of their proximity to alcoholic drinks, ads for alcohol alternatives must be careful not to encourage excessive or otherwise problematic consumption of alcohol. For example, marketers should avoid advert that revel in the bacchanalian delights of overindulgence or the glorification of a hangover, particularly the suggestion that such excesses are, in any way, a regular part of day-to-day life.

Under 18s: Television ads must not be likely to appeal strongly to people under 18, especially by reflecting or being associated with youth culture or showing adolescent or juvenile behaviour. This approach aligns with the broader objective of promoting responsible consumption and addressing societal concerns related to alcohol use. Marketers should be cautious of using slang commonly used by young people or using cartoon-like images.

Cross-promotion and shared branding: To avoid cross-promoting alcoholic drinks in ads for a shared-brand alcohol alternative, marketers should ensure the focus is always on the alcohol alternative, rather than the brand itself.

As the market for these alcohol alternatives grows, reflecting a societal shift towards healthier lifestyle choices, it's important for marketers to adapt their strategies to remain compliant while effectively reaching their target audience. Embracing these guidelines not only helps in safeguarding the brand's reputation but also contributes to promoting responsible consumption among consumers.