Ready-to-drink alcohol Barry’s Drinks, part of the Alter Ego Drinks portfolio, has been pinged by watchdog ABAC for including men under the age of 25 in social media marketing .
The company producing Barry is a collaboration between AFL Western Bulldogs’ player Bailey Smith (aged 23) and four other footballers are ‘founders and shareholders" in the Barry RTD brand including AFL Collingwood players Nick Diacos (aged 21) Josh Diacos (25), AFL Carlton player Charlie Curnow (27) and NRL Brisbane Broncos player Reece Walsh (22).
The complaint relates to five Instagram posts and raised concerns that the the alcoholic drink posts are targeting minors.
"Their Instagram feed is littered with photos of the famous footballers. I'm very surprised to see young, famous, attractive footballers advertising the Barry alcoholic drink," the complaint stated.
"It seems to be encouraging alcohol consumption to young, easily influenced teenagers."
Provided by ABAC.
In response, the company denied that the posts breach advertising rules.
"The Barry Instagram page is age-gated and restricted to individuals of legal drinking age, ensuring that only adults can access the content," a spokesperson said.
"The individuals featured in the posts are all founders and shareholders of the Barry RTD brand. Their inclusion in these posts is based on their legitimate role in the company rather than an intent to appeal to minors.
"The individuals in question are not paid for their involvement in any marketing communication promoting Barry RTD, nor in any other capacity at the company."
In response, the panel agreed that the posts do not strongly appeal to minors.
But the panel was concerned the people in the ad were under 25.
"Being an owner or having a financial stake in an alcohol business does not give the owners a dispensation from Code standards about marketing," the Panel stated.
"It is entirely clear that Messrs, Smith, Daicos and Walsh until they are at least aged 25 can't be shown in alcohol marketing in non-age restricted environments such as a TV or a print ad or in outdoor marketing like a billboard."
The panel found each of the posts featured at least one person under the age of 25 and was therefore in breach of Part 3 (b)(iii) of the ABAC Code.
The brand's media agency is Media33.
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