The South African Advertising Regulatory Board recently upheld a complaint against a Brutal Fruit advertisement from South African Breweries. The DSTV channel 121 television commercial, which features a Brutal Fruit bottle displayed on a beach towel, followed by scenes of friends enjoying the unopened drink on a sunny shoreline, was flagged for promoting illegal behaviour — consuming alcohol on South African beaches, a practice expressly prohibited by law.

The complainant took issue with the legality and potential consequences of portraying the drinking of alcohol on the beach. While the Brutal Fruit bottle remained sealed, the suggestion of drinking alcoholic beverages on a beach where it is prohibited sent mixed messages about compliance with local regulations.

The complaint also submitted that glass bottles are a risk to beachgoers, especially children. Clause 3.3 of the Code of Advertising Practice, the 'legality clause', aims to prevent advertisements that depict or promote illegal behaviour such as violence, drug use, drinking and driving, etc. While the Board found that the depiction of the glass bottle was not sufficiently suggestive of there being broken glass which could cause injury, the board determined that the remainder of the imagery violates Clauses 3.3 of the Code.

The recent ruling is a clear reminder for advertisers, particularly in the alcohol industry, to balance creativity with compliance. To mitigate any possible risks, brand owners should integrate regulatory checks, including adherence to the Advertising Code, and seek legal guidance early to ensure campaigns align with industry standards.

This decision also underscores the evolving regulatory landscape, where campaigns are evaluated by consumers not just on aesthetics but on their ethical and social impact. As societal values shift toward greater corporate responsibility, brand owners can lean towards crafting content that resonates with consumers while meeting legal and societal expectations.