Pernod Ricard India Private Limited - Non-Alcoholic Jameson Ginger Ale Flavoured Carbonated water

Recommendation: Upheld | Medium: Suo Moto

The ASCI had approached the advertiser “Pernod Ricard India Private Limited” for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the advertisement. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that, “The advertisement features our product i.e. JAMESON Ginger Ale (Non-Alcoholic Flavored Carbonated Water) which does not constitute any violation of law and is compliant on all the parameters prescribed by ASCI. It would be completely perverse to suggest that the present advertisement for Jameson Ginger Ale (Non-Alcoholic Flavored Carbonated Water) is a surrogate advertisement for promotion of JAMESON Whisky. The product was launched in August 2023 and therefore has not been in the market for more than 2 years. The sales turnover of JAMESON Ginger Ale (Non-Alcoholic Flavored Carbonated Water) has been promising and the Company has been able to attain the required turnover as per ASCI guidelines for Brand Extension Products / Service from the time of its launch and thereafter.Therefore, in view of the above, we most humbly request ASCI to kindly appreciate the sincere efforts put in by the Company towards building a genuine brand extension product in the Non-Alcoholic Flavored Carbonated Water category. We submit that the subject advertisement is not a surrogate advertisement of alcohol instead it is an advertisement of a genuine brand extension product i.e. JAMESON Ginger Ale (Non-Alcoholic Flavored Carbonated Water).” In support of their response, the advertiser submitted the following documents – (1) Trade Mark Registration Certificate for Class 33, (2) Trade Mark Certificate (Device) for class 32, (3) Trademark Certificate for Logo class 32, (4) CA Certificate, and (5) Copy of Advertisement. The Consumer Complaints Council (CCC) viewed the OTT advertisement, considered the complaint and the advertiser’s response. The CCC observed that the advertiser is promoting “Jameson Ginger Ale Flavoured Carbonated Water” which was launched in August 2023 and has not been in the market for more than 2 years. The advertiser has submitted a CA certificate for sales turnover of the product. The CCC reviewed this CA certificate and discussed that it shows the sales turnover from the sale of “Jameson Ginger Ale Flavoured Carbonated Water” for the period 25th August 2023 to 31st March 2025. The advertiser has met the required sales turnover for the product and, therefore, complies with the criteria set out in the Brand Extension Guidelines. This data confirms that the advertised product meets the required sales criteria to qualify as a brand extension. Regarding the requirement related to the advertising spends, the CCC noted the advertiser’s response, wherein they stated that `the industry is committed to complying with all applicable laws, rules, and regulations, including any new guidelines issued by government/judicial authorities. Accordingly, they requested that ASCI’s review be limited to the applicable legal and regulatory framework’. The CCC referred to the `ASCI Guidelines for Qualification of Brand Extension – Product or Service’, which states: “The scale of advertising for such an extension should be proportionate to the sales of that extension. Hence, the advertising budget for such a brand extension should not exceed 200% of sales turnover in year 1&2 of launch, 100% in year 3, 50% in year 4, and 30% thereafter. For this purpose, the advertising budget would include: Media spends across all media for the prior 12 months…...” The CCC observed that the advertiser has not submitted details of the advertising budget or total media spends related to the brand extension for the past months. Moreover, this information is not supported by documentation certified by an Independent Chartered Accountant firm. Based on these observations, the CCC concluded that the advertisement contravened Clauses 2, 2 (a) of ASCI Guidelines for Qualification of Brand Extension - Product or Service. This complaint was UPHELD. The CCC also observed that tag “AD” overlay by the platform (JioHotstar) is obstructing the disclaimer “This is a non-alcoholic beverage. It contains 0.0% ABV.” making it difficult for viewers to read. The CCC recommends that the advertiser ensure the disclaimer is placed within the safe area prescribed by platforms in order to make it clearly visible to viewers.