In a recent ASA ruling, the ASA Directorate considered an advertisement for beer in which ‘Vuyo, a young successful entrepreneur, creates a new musical instrument called the Vuyozela. He then celebrates his success by drinking a Hansa Pilsner beer. The ASA was tasked on ruling whether the advertisement created the impression that the consumption of alcoholic beverages was essential to business or social success, or that refusal to consume alcohol was a sign of weakness.

Natasha Wright an Associate at Adams & Adams – the law firm acting for South African Breweries elaborates: “In the advertisement, Vuyo and his friends come across a young musician playing an instrument. Vuyo’s friend states ‘You know, Vuyo sees things that other people can’t’. Vuyo, through his useful insight, helps the musician to redesign the instrument, now renamed a Vuyozela, and turns it into an international success.

“The Vuyozela catapults the musician and Vuyo into the spotlight and the Vuyozela is featured on television shows, in headline news reports and even wins an international award. The final scene shows Vuyo pouring a Hansa Pilsner and celebrating the success of the Vuyozela with his friends. The commercial ends with the payoff line ‘Be refreshingly different’.”

Wright says the ruling was necessitated by a consumer who complained that the advertisement was deceptive and gave the impression that Vuyo’s genius and insight, which led to the creation of the Vuyozela, stemmed from his consumption of Hansa Pilsner beer. The consumer also complained that the advertisement suggests to young people that the consumption of alcohol, specifically Hansa Pilsner, leads to inspiration and worldwide success.

Adams & Adams argued that the underlying theme of the advertisement is that Vuyo, like Hansa Pilsner, has a “special ingredient” that sets Vuyo and Hansa Pilsner apart from the rest.

“Ultimately,” says Wright, “the advertisement creates an analogy between Vuyo’s special and inherent inventive ingredient which enables him to see and grasp opportunities, and the special ingredients in Hansa Pilsner that make it, like Vuyo, “refreshingly different".”

The ASA Directorate ruled that the advertisement does not glorify Vuyo for drinking, nor that his success is a by-product of his drinking Hansa Pilsner beer. The underlying theme of the advertisement is to show what a creative mind Vuyo has and how he uses this creative mind to create an instrument that takes the world by storm. The images of Hansa Pilsner beer that are seen throughout the advertisement only indicate Vuyo’s preference in beer and do not hint that Vuyo’s success stems from Hansa Pilsner beer. The ASA agreed that the advertisement does create an analogy and does not suggest that the beer gives rise to success.

The consumer complaint was dismissed.

For more information contact:
Adams & Adams
Natasha Wright, Associate
012 432 6000

Megan Larter – on behalf of Adams & Adams
011803 2040