Restricting alcohol advertising and promotion: consultation

9. Brand-sharing and merchandise

9.1 Brand-sharing in the alcohol context means using a brand, primarily known as an alcohol brand, on products which are not alcoholic drinks. This often involves use of the brand name, insignia, logos, colours or other identifiable markings of that brand.

9.2 A number of major alcohol manufacturers utilise their brand names on products as diverse as non-alcoholic drinks, ice creams (e.g. Bailey’s Haagen-Dazs) and accessories (e.g. Innis and Gunn blankets). This provides an additional means to increase the visibility of alcohol brands to consumers. Branded clothing, where a slogan or logo is used (e.g. Guinness merchandise) can also increase the awareness of alcohol brands.

9.3 Branding is fundamental to successful marketing. It is what companies use to differentiate their products from those of competitors and to build connotations and associations amongst consumers. This is recognized as one of marketers’ most powerful and advanced emotional tools. Brand strategies are devised to develop branding that builds lasting relationships with consumers that help to ensure they continue to buy products and services.

9.4 Research suggests that alcohol branding has a powerful influence on young people, by using evocative imagery and cues, as well as appealing to adolescents on emotional levels and fulfilling their aspirations in terms of image and self-identity. We know that children and young people in Scotland are highly aware of alcohol brands and that they associate these with particular things and have positive or negative feelings towards them, before they can legally purchase alcohol.

9.5 Brand-sharing means that brand associations and attitudes can be transferred from the well-established, parent brand to the new extension product. This may encourage purchases of other products from the company.

9.6 One way we could seek to reduce the visibility of alcohol brands would be to prohibit the sale or distribution of alcohol-branded merchandise including T-shirts, jackets and baseball caps as well as branded glasses and mugs. These increase brand visbility and have more permanence than alcohol adverts on TV or on billboards. They are often re-used over time within our homes or, in the case of clothing, can become walking billboards in themselves.

9.7 A survey of over 3,000 young people aged 11-19 years old in the UK found that 17% reported owning alcohol branded merchandise. Those who owned branded merchandise were almost twice as likely to be susceptible to drinking compared with those who did not.

9.8 Research demonstrates that actively engaging with alcohol marketing, like owning alcohol-branded merchandise, has a stronger association with alcohol consumption, than seeing an alcohol advert does.

9.9 Prohibiting alcohol-branded merchandise would also remove another potential trigger for higher-risk drinkers and those in recovery, as well as the general population. If restrictions were to be progressed, we would need to further consider the scope of any restrictions and what would be included or exempted from this.

Question 14

Do you think that we should prohibit the sale of alcohol-branded merchandise in Scotland?

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No

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Question 15

Do you think that we should prohibit the free distribution of alcohol-branded merchandise in Scotland?

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No

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Question 16

What, if any, exceptions do you think should there be to prohibiting the sale or distribution of alcohol-branded merchandise?

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Question 17

What, if any, other restrictions do you think should be considered on the use of alcohol brands on non-alcohol products?

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Brand-sharing within the drinks category – no and low alcohol

“It’s not promoting alcohol-free beer its promoting your brand” (Georgie, 22)

9.10 Several leading players in the alcohol industry offer a NoLo option alongside their ‘flagship’ alcohol products, often branded in similar ways to their alcoholic counterparts and the subject of dedicated marketing and promotional campaigns. By NoLo products we are referring to drinks containing between 0% ABV and 1.2% ABV, featuring brands, or brand identifying chracteristics, more associated with stronger alcoholic products (over 1.2% ABV).The no and low alcohol drinks market is expanding rapidly and is one of the fastest drinks trends in the UK; sales increased 58% in 2019 compared to the previous year. This is a further example of the use of brand-sharing, albeit within the drinks category.

9.11 The evidence on how NoLo products are consumed is not yet clear. In terms of whether these are consumed in addition to stronger alcoholic products at alternative occasions or settings, or as a direct substitute for alcoholic products. There is also no clear evidence on how children and young people may be consuming these products or the reasons for consumption. However, experiences from those in recovery have noted that NoLo can negatively impact their recovery.

9.12 There is no strong evidence base to indicate that the expansion of the NoLo market will reduce alcohol-related harm as this is often promoted as to be consumed in addition to alcohol rather than as a substitution (e.g. in the workplace).

9.13 NoLo products are often marketed for drinking in addition to one’s usual alcohol consumption patterns rather than instead of. This includes advertising showing the products being consumed at times and in settings where one would not normally drink alcohol e.g. at lunchtime, amongst pregnant woman, when driving or when doing yoga or DIY. If used in these alternative and usually non-alcohol related circumstances, use of NoLo products is unlikely to reduce overall consumption patterns, and thereby alcohol-related harms.

9.14 Some evidence suggests that NoLo products have contributed to a reduction in the volume of alcohol purchased by British households in recent years. However, other UK survey research suggests that 50% of NoLo drinkers stated that drinking NoLos had not changed their overall alcohol consumption levels. Moderate and heavy drinkers, for whom the health gains from cutting back are greatest, were more likely to report consuming NoLo drinks in addition to, rather than instead of, consumption of alcoholic drinks.

9.15 Evidence from Thailand suggests that alcohol companies strategically use similar branding in promotion of alcoholic and soft drinks meaning that young people associate brands with the ‘flagship’ alcoholic products regardless of what is being advertised. This may help to encourage allegiance to particular, predominantly alcohol, brands, including among consumers under the legal drinking age.

9.16 Within the UK, some of the current alcohol advertising code rules apply to adverts for some NoLo products – to those over 0.5% ABV as well as to adverts that aren’t specifically for alcoholic drinks, but that have the effect of promoting them. This is positive as when NoLo products are branded with well-known alcohol brands, this can create a loophole to marketing restrictions. It would therefore seem consistent that, if we were to introduce stronger statutory restrictions in Scotland, we retain NoLo products within the scope of any stronger rules.

9.17 Other countries with stronger statutory restrictions have found that, if NoLo products are not explicitly included within the scope of alcohol marketing restrictions, this creates a loophole. It means that NoLo products, branded with a well-known alcohol brand, can be advertised in ways or places that stronger alcohol products can’t.

9.18 Some other European countries explicitly include NoLo products within the scope of their alcohol marketing restrictions. For example, in Norway alcohol marketing is prohibited on all channels. This prohibition applies to alcoholic beverages over 2.5% alcohol by volume (ABV) but also to advertising of other products carrying the same brand or trademark as alcoholic beverages over 2.5% ABV.

9.19 In France, comprehensive restrictions prohibit advertising of alcoholic products over 1.2% ABV. Despite these restrictions, during the 2020 Six Nations rugby tournament there was an average of 1.2 alcohol references per minute during the France vs England match hosted in France. The vast majority of these did not feature the alcohol brand name but were indirect references to the alcohol brand (e.g. the slogan and font of the alcohol brand). This is also called ‘alibi marketing’.

9.20 This demonstrates the need to carefully consider restricting these other distinctive and identifiable elements associated with the alcohol brand, in addition to restricting use of the alcohol brand name. Research has shown that young people in the UK are able to easily identify alcohol brands simply from these visual cues alone, even when the brand name itself has been covered up.

Question 18

Do you think that any potential alcohol marketing restrictions should also apply to no-or low drinks products between 0% ABV and 1.2% ABV, where these carry the same brand name, or identifiable brand markings, as alcohol drinks over 1.2% ABV?

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No

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