November 2008 November 2008

Transcription

1 Rules on Responsible Commercial Communication

2 Foreword Most people consume beer and alcoholic beverages in a responsible way, but a minority drink irresponsibly possibly consuming alcohol for the wrong reasons, or simply drinking too much or too often. Their behavior matters because irresponsible consumption may harm the individual drinker and his or her environment. This manual is designed to ensure that all of our brand communication activities (in relation to all our company owned brands) do not promote irresponsible alcohol use. It explains our rules on responsible commercial communication in the context of Heineken s alcohol policy. These rules are not new; they were first created in the 1960s, but have been updated and amended many times since. They form the basis of our commercial communication code. In the past, codes of this kind have been criticised for being too theoretical or too difficult to follow on a day-to-day basis. To overcome this problem, the manual explains the background to the rules and uses real Company brands TV commercials, print campaigns and promotional materials to show how the rules can be applied in practice. It is important that we comply strictly with these rules because we are committed to playing our part in reducing alcohol abuse. This manual provides some additional rules compared to the previous edition to further ensure compliance. This is why we urge you to read this manual carefully, discuss all the rules with your internal team and with your external consumer communication agencies to ensure everyone understands them and, most importantly, applies them consistently every day. Stefan Orlowski Sean O Neill Group Commerce Dir. Group Corporate Relations Dir. Heineken Heineken November 2008 November Rules on Responsible Commercial Communication

3 Contents Introduction Rules on Responsible Commercial Communication Scope Basic principles Responsible drinking Minors Driving Performance and workplace Anti-social behavior Health aspects and alcohol content Social & sexual success Sports Free samples Compliance Annex: Commercial communication approval form For more information (contact persons) Rules on Responsible Commercial Communication

4 Introduction We aim to strengthen our brands by developing original, effective and inspiring commercial communication, while also ensuring that Heineken sets the highest standards for ethical behavior and corporate responsibility. To achieve this balance, all our commercial communication must stay within the boundaries of what we consider to be responsible and appropriate, while still retaining their power and capacity to engage. Above all, we want to avoid irresponsible communication communication that gives consumers any encouragement or excuse to misuse our products. This code can help us all achieve our objectives. Self-regulation Rigorous and structured self-regulation is vital. It helps us to protect our brand reputation and safeguard the freedom of expression in commercial communication we and others in our industry currently enjoy. For this reason, these rules cover a wide range of topics, including responsible drinking, the use of alcohol by minors under the legal purchasing age, drink-drive issues and associations with sports, health and social success. Norms and standards concerning decency and moral standards can vary across different markets and cultures; so dealing with many of the issues relating to responsible communication takes us into grey areas. This manual provides detailed explanatory notes and case studies to help you understand how we draw the line between acceptable and unacceptable. It also contains guidance about how to plan and develop new communication in order to avoid censorship or rejection. The basic principles are clear. Responsible drinking should be portrayed as, for instance: a pleasurable personal and social experience; a source of enjoyment and relaxation; one aspect of a positive lifestyle; connected to celebratory events. In addition, any actors or models used in our communication should be, and look, at least 25 years old. Of course, ethics and responsibility are about principles, not just rules so this manual sets out to help you understand the spirit of our vision on corporate responsibility, as well as the actual letter of these rules. For this reason, we ve included definitions and explanations of the individual Heineken rules covering a range of topics. Each section is structured in the same way: an extract from the rules appears at the top of the page; detailed explanatory notes on the particular rule are provided, along with test-yourself questions; examples showing how Heineken has interpreted these rules are also included. 4 Rules on Responsible Commercial Communication

5 Introduction Promotions Like all other commercial communication for other products, promotions should: always be developed, implemented and managed responsibly; always comply fully with applicable laws, regulations and self-regulatory codes; never be aimed at minors (or people under the legal purchasing age, if higher); never encourage violent, aggressive, dangerous, anti-social or illegal behavior; never encourage over-consumption based on low-price, discounted or free beer; never encourage drink driving or alcohol misuse; never demean any group in society or offend accepted standards of taste and decency. Given the global nature and structural complexity of the beverage alcohol industry and the restaurant, retail, bar and hospitality business, Heineken may not always be involved in or aware of promotional activities that involve our products. This obviously affects our ability to control the content and tone of such activities, so a great deal of responsibility falls on the operator or owner of a venue where promotional event takes place. Nevertheless, we recognise that it is in our best interest that our products and all other alcoholic beverages are promoted responsibly. We have made a commitment to work with relevant organisations, so that the rules covering promotions and free sampling are communicated effectively in many different sectors for example, retail and horeca. Because we believe promotions are both an important and unique form of commercial communication, we have included specific explanatory notes in this manual to address the issues they present. 5 Rules on Responsible Commercial Communication

6 Rules on Responsible Commercial Communication 1. Scope 2. Basic principles 3. Responsible drinking 4. Minors 5. Driving 6. Performance and workplace 7. Anti-social behavior 8. Health aspects and alcohol content 9. Social & sexual success 10. Sports 11. Free samples 12. Compliance 6 Rules on Responsible Commercial Communication

7 1 Scope Throughout this manual, we have defined commercial communication as: All brand advertising and marketing communication to consumers, regardless of the medium used, such as broadcast media, internet (including our promotions on third-party websites), SMS messaging, labeling, merchandising, packaging, print media, point-of-sale material, premiums, promotions, public relations and sponsorships. Commercial non-advertising materials or statements to the media, government communication agencies or the public about issues of societal concern, for example the does not include: risks or benefits related to the consumption of alcoholic beverages; educational messages about responsible drinking or the role of alcohol in society. Remember our rules on corporate responsibility and responsible commercial communication apply to all brands owned by Heineken operating companies. Explanatory notes General All commercial communication should comply with the letter and spirit of local, regional and national laws, as well as other relevant regulations (for example, TV and cinema advertising, sponsorship and internet regulations). Although statements to the media are not technically covered in this manual they also must conform to its rules. (For example, try to avoid imprecise terms such as young consumers which are intended to refer to young adults above the legal purchasing age, because they may be misinterpreted by the media as referring to younger people than intended.) All Heineken corporate and brand-related websites should ask for confirmation of age on the homepage; inviting users to enter their date of birth and consequently refusing access to those below the legal purchasing age. Familiarize yourself with all applicable internet regulations. These rules apply to all communication channels and all media, including the internet and digital media of any kind that are used to transmit commercial alcohol-related marketing communication to our customers. Scope When we market brands owned by third-parties, we will comply with the marketing rules set by the respective brand owners; in the same way, we will demand that third-parties that market our brands, comply with our rules on responsible commercial communication. However, we will also whenever possible apply our own commercial communication rules when we control the marketing of third party brands. 7 Rules on Responsible Commercial Communication

8 2 Basic principles Our commercial be legal, decent, honest and truthful; conforming to accepted principles communication of fair competition and good business practice; must: be prepared with due regard for our social responsibility and based on principles of fairness and good faith; never impugn human dignity and integrity or be unethical in any way. Explanatory notes 1. General Always avoid the use of stereotypes and humor related to age, disability, gender, race, nationality, religion or sexual orientation. The purpose of any commercial communication should be to promote a particular brand; not the effects of alcohol. We need to be acutely aware that alcoholic beverages are fundamentally different from many other products, placing us under an even greater obligation to behave sensitively and responsibly. These principles are basic in the sense that they apply to commercial communication in general (regardless type of product). Legal and conforming to principles of fair competition and good business practice means that commercial communication should comply with both the letter and spirit of all local, regional and national rules, regulations, laws and business practices in the country where the communication is disseminated. Bear in mind that a print campaign or TV commercial may also be watched by consumers outside the target group for which it is intended. Basic principles Definitions of what is decent and acceptable vary from culture to culture, even between age groups. The context is often all-important: treatments which could be considered offensive by an older audience may be acceptable if targeted carefully for a younger audience above the legal purchasing age but you should try to avoid offending anyone. Decent is also closely linked to concepts such as violence, or dangerous, unethical or irresponsible behavior. These should be avoided at all times and so should the gratuitous and demeaning use of sexual imagery, messages and innuendo. Honest, truthful, fairness and good faith relate to the integrity of our messages: we should never lie or present facts about our products that are untrue. Ethical means that our actions must be true to the spirit of our rules on responsible commercial communication. It is unethical to try to find loopholes and ways around these rules, or to act in defiance of generally held moral principles, even if such actions are not expressly prohibited by these rules. Respecting human dignity and integrity means that people should never be portrayed in a degrading way or asked to degrade themselves. 8 Rules on Responsible Commercial Communication

9 Humor should be used with care. What is considered humorous in one country may be deeply offensive in another. Ideas about what is and is not humorous also vary within a single country or culture, between different generations for example. Humor should never be used as justification for acting in a way which is contrary to the letter or spirit of these rules. 2. Regarding promotions No one should be prohibited from participating in any promotion on the basis of their race, sexual orientation, religion or political inclination. The price and alcoholic content of any promoted beverage must be communicated to all participating consumers before promotional activities start. Test questions on basic principles If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: Would you be comfortable to see your partner or a family member portrayed in this way? Do you think your concept would receive a positive reaction from the public if a newspaper published an article explaining its content? Would you be happy to stand up in court and defend your concept as legal, decent, truthful and honest? Basic principles Example In this Amstel commercial, you see three guys in a bar having discussions about a woman. They are in doubt whether she is in fact a woman, or a transvestite. In order to check this, one of the men walks up to her, and asks her a question about soccer (when is a player off side). The woman immediately gives the correct answer, which leads the men to the conclusion that it has to be a transvestite, hence a man. Although this commercial was well received as humor in the Netherlands, it was received badly in Spain. This is an example where the different cultural perspectives were not taken into account, and it also shows that humour does not solve this. What is funny in one cultural setting, can be insulting in another. 9 Rules on Responsible Commercial Communication

10 3 Responsible drinking Our commercial encourage or condone excessive or irresponsible consumption; communication present abstinence or moderation in a negative way; must never: allude to, or suggest any association with, illegal drugs or the drug culture; feature drunk people or imply in any way that drunkenness is acceptable. Explanatory notes 1. General We will not portray irresponsible drinking, because to do so would compromise our efforts to promote positive drinking patterns and to help prevent abuse. It would not only damage our brands and our corporate credibility, but might also put the self-regulation system at risk. Never encouraging excessive or irresponsible consumption means that our communication must not encourage people to drink beyond safe personal limits or in an anti-social manner. Consumers must never be encouraged (or shown in our communication) to exceed sensible drinking guidelines or drink sufficient volumes to lose their self-control. Responsible drinking In practice, this means that our commercial communication should be about creating a positive brand experience, rather than encouraging consumers (through images, actions or words) to drink large amounts or exceed their limits. They should not show or describe people drinking large numbers of drinks, large volumes of beer or consuming alcohol at high speed. Showing people drinking from the bottle may be acceptable if this is the normal way to consume the featured product (for example a Heineken Longneck ), but our communication must not imply that a bottle is being emptied in a single draught. The angle of the bottle should suggest that the drink is being sipped slowly. People should not be challenged to drink: we must show respect for abstinence and moderation. People who choose not to drink or who drink limited amounts, should not be disparaged, ridiculed or portrayed in a negative light for example, as uncool. Avoid showing, suggesting or encouraging regular solitary drinking. Ask yourself: is the inclusion of a solitary drinker really essential to communicate the brand values and benefits? If your communication focuses on personal enjoyment there may be a valid reason to show someone drinking alone. We include responsible drinking messages on Heineken and Amstel websites while also encouraging local websites to carry responsibility messages as well. 10 Rules on Responsible Commercial Communication

11 All back labels on Heineken and Amstel packages must include a reference to the website Enjoy Heineken Responsibly/Enjoy Amstel Responsibly or to Heineken.com where consumers can find a link to these sites or to another local Heineken website that contains the same link or responsibility message. 2. Regarding promotions Do not organise drinking games that encourage excessive or irresponsible consumption for example, activities that involve either speed incentives or require participants to drink an excessive amount of alcoholic beverages within a short period of time. Do not serve consumers who appear to be uncontrollably excited, drunk or aggressive and/or who engage in anti-social behavior. Ensure staff are fully briefed about how to manage consumers who appear drunk, aggressive or anti-social. Responsible drinking Test questions on responsible drinking Do not put pressure on people to participate in promotional activities. Display an appropriate and clearly visible responsible drinking message. Make sure that no promotional activities or elements encourage excessive or irresponsible consumption for example, content, language, behavior of promotional teams, prices and timing of events. If a promotion or incentive includes a multi-purchase element make sure that consumers are not encouraged to drink over the national recommendation for sensible drinking. Promotional activities and messages should never encourage consumers to engage in risky or potentially dangerous activity. If you answer no to any of these questions, rethink your concept; it probably does not comply with the letter and spirit of these rules: Would you feel comfortable to behave this way yourself? Would you be happy to see your partner or a family member behave this way? Would you feel comfortable to be involved in this situation? 11 Rules on Responsible Commercial Communication

12 Example Responsible drinking This is an advertisement for Brava in Colombia. The slogan reads Brava te sube, no te vas a querer bajar, which translates as Brava lifts you up, you don t want to get down which is usually interpreted as Brava gets you drunk. In our view, this is a clear example of unacceptebable advertising especially when you consider that the communication is widely published and accessible to people of all ages. 12 Rules on Responsible Commercial Communication

13 4 Minors Our commercial never target minors (i.e. people younger than 18 years or under the legal communication purchasing age (LPA), when LPA is higher than 18 years); must: only promote beer through media, programs and events where at least 70% of the audience are reasonably expected to be people older than 18 or above LPA (when LPA is higher than 18 years); feature people who are at least 25 years old and act and appear their age. Explanatory notes 1. General Do not use objects, images, styles, symbols, colors, music, fictitious characters or real figures (including (sport-)celebrities) that appeal primarily to children or adolescents. Do not use familiar brands, for example names, logos, games, games equipment or other items, that appeal primarily to children or adolescents. We must investigate the expected audience composition when making media placement decisions, whether for television, radio, internet, webites, sms messages or in print advertising. To make sure we comply with 70% rule we must consider the actual or expected audience, rather than the target audience. This can be accomplished in many countries through available media research for the media in question. If there is no research available for the precise media, program or internet site, you should look to research on comparable media programs or websites. Outdoor print campaigns for example, billboard advertisements should be located at least 500 feet/150 metres from elementary or secondary schools, places of worship or public playgrounds. In the case of sponsored public events, specifying restrictions on admission in any contract agreed with an event organiser is a good way of checking audience composition. Wherever it is not known in advance what the actual audience age composition will be, we must check prior similar events s audience age composition to be sure that it complies with the 70% rule. For cinema advertising, the rating given by the local film classification board is only a guideline; always use the 70% rule. Minors 2. Regarding internet & related technologies When designing internet communication, particular attention needs to be paid to avoiding minors. Internet ads, sms messaging and internet sites, their content and related technologies should be designed for adults. As well as your company and brand websites, promotions on third-party websites must also comply with these rules. Content that may be especially attractive to minors must be avoided. 13 Rules on Responsible Commercial Communication

14 Where it is necessary to use animations or games, screensavers etc., they should clearly be adult-orientated: All brand internet sites must state clearly that entry is restricted to people over the legal purchasing age in the country of consumer access only and prohibited to anyone younger than 18 years (or the LPA in the country of access if older). Users must be required to enter their date of birth, and access must be denied to anyone who enters an underage birth date. When advertising or sponsoring third party websites, the websites must comply with the 70% rule. 3. Regarding sponsorships Sponsorship of activities or events that will include people under the legal purchasing age is a particularly sensitive area. You should be aware that sponsorship of this kind may provoke negative public reactions if people under the legal purchasing age participate. As a general rule: Do not sponsor activities or events if people under the legal purchasing age are reasonably expected to make up more than 30% of those participating or viewing. If in doubt, do not sponsor. Negotiate with merchandisers to determine whether or not items should carry your brand or company logo. Do not use an alcohol brand (logo) on items intended for minors. Consider producing the same item with and without your logo and always use your common sense. 4. Regarding promotions Do not proceed with a promotional activity if it is reasonably expected that more than 30% at the promotion site will be under the legal purchase age. If in doubt, do not go ahead. Consider using display material to inform consumers that alcoholic beverages are only available to people above the legal purchasing age. If in doubt, always ask participants for proof of age but be aware of national laws and regulations regarding identity and proof of age requests. Minors Make sure that the content of promotional materials and activities do no appeal primarily to people under the legal purchasing age check content, language, imagery, music, celebrity endorsements and other elements. 14 Rules on Responsible Commercial Communication

15 Test questions on minors If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules. The tests should be applied to both the message and the medium: 1 2 Do you think your child or a friend s child may be tempted to re-enact the concept in real life? Would you be comfortable describing your concept to parents at your children s school or your local high school? Example In this Sloeber commercial (a Belgian beer brand), three beer bottles are doing a striptease act. The bottles are represented as persons, dancing and acting like cartoon figures would. This commercial is not in line with our rules, because the concept is highly likely to attract minors. Minors 15 Rules on Responsible Commercial Communication

16 5 Driving Our commercial depict or encourage consumption of alcohol while driving motor vehicles communication of any kind including speedboats, jet-skis, snow mobiles or aircraft; must never: relate to events connected with motor vehicles including advertising displays at motor racing circuits. Explanatory notes 1. General Drinking and driving do not mix and we must avoid creating any association between these activities. Sponsorship of public transport and taxis is permitted only when combined with a don t drink and drive message. However, when a communication is specifically targeted at highway users (for example billboards alongside the highway connecting cities) a clear don t drink and drive or enjoy Heineken responsibly message is obligatory When an event organiser provides transport at events which we sponsor, our logo may appear on any vehicles used. We do not sponsor car or motorcycle racing and do not want to be associated with these activities. For example, despite the high audiences, prestige and excitement they generate, we do not sponsor or act as official supplier to Formula 1 events. The branding of our own trucks and vans is permitted. Never produce communication that suggests drinking even a single beer before driving is acceptable or can do no harm. Apart from the liability issues, our consistent position must be don t drink and drive. Do not give away or sell branded items linked to driving. If your ad features an individual arriving at a party or driving a vehicle before entering a bar, you must make it clear that he or she will not be driving later for example, by showing the featured individual taking a taxi or handing car keys to a non-drinker. It is best to avoid showing people driving in ads, so consider the alternatives most concepts work just as well if people are show arriving at locations by taxi or on foot. 2. Regarding promotions Driving Be particularly vigilant about the participation of consumers who may drive following promotional activities for example, after a supermarket tasting. Consider displaying a don t drink and drive message. Be careful when considering or participating in promotional activities taking place at venues closely linked with driving for example highway restaurants or stores. 16 Rules on Responsible Commercial Communication

17 Test questions on driving If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: 1 2 Is the portrayal of driving really essential to communicate our brand values and product benefits? If the concept was real, would all featured individuals be free of the risk of harming themselves or others? Example This is an example of SAB s drink and live responsibly campaign. Heineken has an equivalent campaign in the Netherlands, the BOB campaign, using humor and a recognizable logo with a new term (to bob ) to make people aware of their responsibility not to drink when they drive. Driving 17 Rules on Responsible Commercial Communication

18 6 Performance and workplace Our commercial create the impression that consumption of our alcohol products enhances communication mental and physical ability or performance; must never: suggest that consumption of our alcohol products is acceptable before or during the operation of potentially dangerous machinery; or while undertaking any potentially hazardous recreational or work-related activity in or near the workplace. Performance and workplace Explanatory notes Test questions on performance and workplace 1. General Never suggest that drinking alcoholic beverages enhances either mental ability (concentration, intelligence or alertness for example) or physical capability (strength or stamina for example). Do not show people drinking alcoholic beverages at work, in a bar or over lunch, when it is clearly apparent that they have to return to work. If your concept requires a business setting, make it clear that any action takes place at the end of a working day. Activities that are not normally considered dangerous may become so if people undertake them after drinking. Avoid associating alcohol consumption with activities of this kind for example, the felling of trees or the use of drills and other tools. Avoid associating alcohol consumption with potentially dangerous activities. If any association is made, it must be made clear that drinking takes place after the activity is completed and that the activity will not be resumed after drinking. 2. Regarding promotions Make sure promotions do not feature or encourage any hazardous activities. If you answer yes to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: Does the language or imagery used suggest that drinking alcohol enhances mental ability or capacity? If the concept was real, would any featured individuals be at risk of harming themselves or others? Could a rational viewer conclude that any activities featured in the concept would not have taken place if alcohol was not being consumed? 18 Rules on Responsible Commercial Communication

19 Example In our view, this ad for Anheuser-Busch s Bud Light undermines workplace prevention efforts by offering an excuse to leave work early to join friends at a bar, hence it would not conform to our rules. Although the tiny print at the bottom that says Responsibility Matters, we still consider this ad unacceptable. Performance and workplace This ad appears in the April 2005 issue of US magazine Shape, a magazine for fitness and nutrition conscious young women. Full text of the ad: Want to leave work early for a cold Bud Light? This will help. Can we make your night out better? Sure. When your friends have ducked out of work early and are waiting for you at the bar, it s time you do the same. Cut this out, tape it to your door, and don t wait for the phone to ring. 19 Rules on Responsible Commercial Communication

20 7 Anti-social behavior Our commercial suggest, feature or imply any association with violent, aggressive, illegal, communication dangerous or anti-social behavior. must never: For this reason, we will not sponsor events that are associated with violence or aggression and which may endanger third parties. Explanatory notes 1. General Violence and aggressive behavior are issues in many countries and alcohol misuse is often mentioned in connection with both. Although no causal link has been established by research, we must still actively avoid any association with violence. Alcohol reduces inhibitions and some people use alcohol abuse as an excuse for their own misbehavior. Anti-social behavior Test questions on anti-social behavior Commercial communication must not feature violence or create an aggressive atmosphere. Nothing in our commercial communication words, actions or images should associate drinking with violent, aggressive, dangerous or anti-social behavior; or suggest that we encourage or condone such behavior. If you are unsure whether your communication is in line with the code, always err on the side of caution. Anti-social behavior is defined as any action that, directly or indirectly, may cause other people distress, annoyance or inconvenience. In sponsorship activities, avoid any obvious, direct or symbolic links between alcohol consumption and actual or possible inappropriate behavior. 2. Regarding promotions Make sure that promotional activities do not encourage or can be associated with violent, anti-social or aggressive behavior. If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: Would you be happy to engage in the featured activity after drinking and not consider it dangerous or irresponsible to do so? Would you be comfortable defending any featured activity as safe, even if someone mimicked it in future? Would you feel comfortable if a partner or friend engaged in this activity after drinking alcohol? 20 Rules on Responsible Commercial Communication

21 Example Anti-social behavior In this Miller Lite commercial two women argue about whether it is the great taste that makes Miller Lite so fantastic, or the fact that it is less filling. Their argument gets out of hand and results in a physical fight, and while intended to be humorous, associates a brand with violent and anti-social behavior that is portrayed as sexy and funny. Therefore, this example verges on the border of non-compliance with our rule on anti-social behavior, and we would discourage such an advertisement. 21 Rules on Responsible Commercial Communication

22 8 Health aspects and alcohol content Health aspects and alcohol content Our commercial suggest that our products can prevent, treat or cure any human disease communication or even associate them with such properties; must never: claim that alcohol has therapeutic qualities, or that it is a stimulant, sedative or means of resolving personal conflicts; Explanatory notes create confusion or misunderstanding about the strength of our brands or their alcohol content; present the high alcohol content of any beverage as a positive attribute, or imply that consuming beverages with low alcohol content is a way to avoid alcohol abuse; associate alcohol with pregnancy. 1. General Beer is a beverage that gives pleasure; it must never be presented as having therapeutic, sedative or stimulant properties. Our commercial communication must not create the impression that it offers an easy solution to unwanted physical or emotional experiences. Although scientific research suggests that moderate alcohol consumption may have some health benefits, we must not use this in product advertising. Avoid all claims or suggestions that specific products or alcoholic beverages in general have positive health effects. Alcohol content and product strength should never be presented as the primary benefit of consuming any product, or form the main theme of the communication. If relevant, a simple statement of alcohol content is acceptable. Never make positive claims about alcohol content or suggest that a drink is preferable to another because it is stronger. Similarly, avoid suggesting that a drink s relatively low alcohol content means that it can be drunk in quantities or in circumstances where a stronger beverage might be inappropriate. Although the consumption of low content alcohol beverages can fit into a more responsible drinking pattern, never suggest that drinking low content alcohol beverages is a way to avoid abuse of alcohol. Corporate communication without any commercial intentions may refer to the positive health aspects of moderate beer consumption but should always acknowledge that irresponsible consumption can have adverse effects. Be cautious when other parties (for example, brewers trade associations of which Heineken is a member) propose to refer to positive health effects in their communication. When talking about positive effects, always acknowledge that irresponsible consumption can have negative effects. Never show pregnant women drinking in ads or any other commercial communication. Never target commercial communication at pregnant women. 22 Rules on Responsible Commercial Communication

23 Health aspects and alcohol content Test questions on health aspects and alcohol content Example 2. Regarding promotions Do not use drink-delivery methods or any gimmicks that may confuse or mislead consumers about the amount of alcohol they are consuming for example, alcohol sprays or vaporisers. Make sure that promotional activities never suggest a beverage can prevent, treat or cure a human disease. If you answer no to these two questions, rethink your concept; it may not comply with the letter and spirit of these rules: 1 2 Is the wording of every claim made in your communication 100% accurate? Would the alcoholic content of the product be clear to any rational person reading or watching the communication? If you answer yes to these questions, rethink your concept, it may not comply with the letter and spirit of these rules: 1 2 Does the communication suggest that any product has a health or sedative benefit? Does the communication associate pregnancy with drinking? In this advertisement for Amstel Light a reference is made to low carbs, which result in lower calories. This is in line with our rules, because it is not suggested that the beer is healthier because of the lower percentage of alcohol. 23 Rules on Responsible Commercial Communication

24 9 Social & sexual success Our commercial create the impression that the consumption of alcohol contributes communication towards, or is a pre-requisite for, social or sexual success; must never: suggest any association with sexual success or enhanced sexual performance; breach generally prevailing standards of taste and decency or otherwise impugn human dignity or integrity. Explanatory notes 1. General Social & sexual success EU-legislation prohibits advertising that suggests alcohol consumption contributes towards social or sexual success. This legislation covers all EU countries, irrespective of whether or not there is evidence of public concern about the issue. We believe that compliance with this rule is vital (globally as well) if we are to retain the confidence of both the public and regulators in the self-regulation process. Showing attractive people or featuring scenes in which men and women socialise is entirely acceptable. Alcohol forms a fundamental part of the social fabric in most western countries and has a long history as a social lubricant. Social success means: gaining status in the form of promotion, wealth, friends, possessions and popularity; gaining other people s admiration or recognition of one s achievements. Most commercial communication features social environments because these offer a natural setting for alcohol consumption but make sure you never suggest that drinking our beers will improve social success. Aspirational advertising, which presents a brand or product as a complement to good living, social accomplishments or good taste, does not contravene these rules. Beer may be associated with or used as part of a celebration. Communication in which successful people endorse a brand should not imply that buying these brands will help the purchaser to replicate the endorser s success. Before you create a concept with a sexual theme ask the question: is this really the only way to communicate brand values and product benefits? Always look for other ways to get your message across. 24 Rules on Responsible Commercial Communication

25 Social & sexual success Test questions on social & sexual success Although the term sexual success is open to a number of different and not always mutually exclusive interpretations, our commercial communication should not: suggest that drinking or serving a specific brand, or alcoholic beverages in general, will make anyone more sexually attractive; present any alcoholic beverage as an aid to seduction or a way to reduce sexual inhibitions; portray drinking as a prelude to sexual intimacy; suggest that the consumption of alcohol enhances sexual performance; present alcoholic beverages as an accessory to sexual activity by showing people drinking before, during or after sex, for example. In addition to the rules covering sexual success you should also be aware of three other important constraints: the bounds of good taste should not be exceeded; although sex is widely used in marketing many products, it should not be the focus of ads by Heineken; our advertising should never have special appeal for those below the legal drinking age. 2. Regarding promotions Make sure promotional activities do not link the consumption of alcoholic beverages with increased social and/or sexual success. If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: Would you feel comfortable watching this communication with your children, parents or grandparents? Will men and women really interpret the communication in a positive way? Do you want your children to consider the behavior or situation featured in this communication as normal while they are growing up? 25 Rules on Responsible Commercial Communication

26 Example Social & sexual success This advertisement for Beck s appears to be aimed at the gay community and arguably leaves you with the impression that drinking Beck enhances both your sexual attractiveness and sexual desire. Therefore it would not conform to our rules. 26 Rules on Responsible Commercial Communication

27 10 Sports Our commercial communication should not create the impression that consumption of alcohol enhances athletic performance. Sponsorships of individuals and/or teams are only allowed when combined with a responsibility programme. Explanatory notes 1. General The rule on sponsorships applies to all brands except the Heineken brand, since the Heineken brand is not allowed to sponsor teams and/or individuals at all. Please also refer to the Heineken Rule Book, under Group Commerce, category Brands, section Sponsoring Rules (incl. brand experiences), rule nr. 6. Never suggest that drinking alcohol beverages improves mental or physical performance; or that the consumption of alcohol produces positive results for example, a win for the team. Our commercial communication should only ever feature alcohol consumption taking place take after sporting activity never before or during. Do not mix scenes of sports with scenes of beer consumption. Take care when deciding which sports to feature in your commercial communication assess whether the activity is truly adult, both in terms of those participating and those watching or reading the communication. Do not sponsor events or sports merchandising activities that appeal especially to minors (or to people under the legal purchasing age, if higher). Remember many people do not believe that sporting celebrities should endorse the consumption of alcohol, while the use of sports celebrities who appeal primarily to people under the legal purchasing age is forbidden. Associations with violent sports such as boxing should be avoided. While we recognise that what is considered appropriate in one country may be deemed inappropriate in another, we must always bear in mind that a concept may gain international exposure, even if that was not originally intended. 2. Regarding promotions Sports Do not encourage or promote drinking before or during sporting activity of any kind. Do not display our brands on children s clothing; it should be clearly mentioned in any contract that brands are to be displayed on clothing for adults only (or to above the legal purchasing age, if higher). 27 Rules on Responsible Commercial Communication

28 Test questions on sports If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: Are you sure that at least 70% or more of the audience for this communication can reasonably expected to be above the legal purchasing age? Are you sure that no rational person can conclude that your communication promotes the consumption of alcohol while participating in a sport? Are you sure that no rational person can conclude that drinking the featured alcoholic beverage will help them to win? Example This Carlsberg tv-commercial shows three men riding a ski lift down a mountain. They decide to race down instead, the last man down to pay for the beer. They jump from the moving ski lift and race down the mountain, knocking over a man in their path, who then slides down helplessly after them, the joke being that since he arrives last, he should pay for the beer. Sports This advertisement shows potentially dangerous behavior in sports, and fails to establish clearly that the men have finished skiing for the day before drinking. Therefore, it would not conform to our rules. The commercial was eventually withdrawn by Carlsberg. 28 Rules on Responsible Commercial Communication

29 11 Free samples The distribution of free samples may not be offered to minors (or to people under the legal free samples is subject purchasing age, if higher); to the following rules: free samples may not be offered in public places; free beer may only be offered in designated hospitality areas. Explanatory notes General The distribution of free samples must comply with: local laws and regulations; existing sales promotion guidelines. The environment in which samples are offered must also be reviewed because a distinction is made between on-trade and off-trade locations. The following rules apply: On-trade (already a one measure only (a standard unit); controlled environment): samples must be consumed at the point of distribution. Off-trade: one appropriate drink (sufficient to demonstrate the brand s taste and color attributes); anyone tasting our brands must be warned that the sample contains alcohol and provided with information about its strength; anyone tasting a sample must comply with legal purchasing and drinking age requirements; if the sample is not consumed at the point of distribution recipients must be advised that it is for their consumption only and that they should not consume it before driving or give it to minors (or to people under the legal purchasing age, if higher). Free samples Sampling is about offering consumers a positive brand experience that makes them want to buy our products. Offering any consumer more than one drink could be counterproductive and encourage irresponsible drinking. Alcoholic drinks should never be offered to minors (or to people under the legal purchasing age, if higher), even with parental consent. It is advisable to include one non-alcoholic product in sampling promotions. 29 Rules on Responsible Commercial Communication

30 Test questions on free samples If you answer no to any of these questions, rethink your concept; it may not comply with the letter and spirit of these rules: Are you proud of the way this sampling event is being conducted? Would you be happy to invite observers and journalists to this event? Are you completely satisfied that the free drink you are offering is not encouraging irresponsible drinking? Example Free samples This promotion poster shows and promotes irresponsible drinking, therefore it would not conform to our rules. The text reads: Bacardi will be painting the town red this Halloween. The Bat Girls will be at the bars of Wanchai and TST from 10pm-2am, trying to drown people in free-pour lay-backs. Don t want to be seen red-faced? 30 Rules on Responsible Commercial Communication

31 12 Compliance The instructions set out below should ensure that all Heineken Operating Companies comply with our rules on responsible commercial communica- tion. These rules apply to all brands owned by Heineken group companies. Additional marketing rules are in place for the Heineken and Amstel brands. Ensuring compliance with the rules for responsible commercial communication For all commercial communication, approval should be registered by filling in the commercial communication approval form. Retention of this form is obligatory. In case of any complaints received from (non-)governmental organisations, consumers or official complaint bodies with respect to a particular commercial communication, all related correspondence should be properly stored. All complaints should be registered for audit purposes. In order to keep all employees in your marketing and sales department fully informed about our rules on responsible commercial communication, refresher courses on these rules should be organised annually. Explanatory notes For all commercial communication (including national television and cinema commercials, radio, print, outdoor campaigns, internet communication, local promotions and sales activities) approval is required from the Commercial director of your company. The Commercial director should assess whether the type of commercial communication is compliant to these rules. When in doubt, or when otherwise considered necessary, the Commercial director should involve the legal department and/or contact the Heineken Corporate Affairs department in Amsterdam (or the corporate relations manager when applicable). Compliance An example of a commercial communication approval form can be found in the Annex. 31 Rules on Responsible Commercial Communication

32 Annex Commercial communication approval form Name Opco: Type of activity: (TV commercial, advertisement campaign, promotion, or other?) Name person in charge: Function: (commercial director) Please fill in the questions below 1 Does this commercial communication activity depict, encourage or condone: excessive or irresponsible drinking; drinking in the context of driving motor vehicles of any kind? 2 Does this commercial communication activity target persons above the applicable legal age for purchasing beer? 3 Are all persons in the commercial communication at least 25 and do they act and look their age? 4 Does this commercial communication: create the impression that drinking enhances mental of physical ability or (athletic) performance? associate drinking with violent, aggressive, dangerous or anti-social behavior? associate drinking with pregnancy, or portray alcohol as a product beneficial to health? 5 Does this commercial communication create the impression that drinking beer leads to sexual or social success? Time and date: Approved by (signature): 32 Rules on Responsible Commercial Communication