ASA take Max TV’s breath away

#1 06-08-2008, 01:21 PM

An ad for a breath-testing device was broadcast on Max TV. The female presenter explained ... We all know that drinking and driving is certainly not acceptable and is of course something you should never take a gamble on ... if you know you are going to be drinking then you really shouldnt drive at all ... but the fact is that many drink drivers are the people that never intended to break the law and thought that a couple of drinks would be OK ... with one of these alcohol breath testers youll be able to decide whether you really are safe to get behind the wheel ... it may just stop you from getting in the car, say, the morning after a heavy night when you might think that you are safe to drive but actually youre still over the legal limit and therefore breaking the law. For the sake of less than £10 ... you could be fined, banned from driving, having a criminal record or even worse causing a serious accident. It really is a no brainer. Please dont take the risk"

Issue
Monitoring staff challenged whether the ad promoted an unacceptable product as defined by rule 3.1 (a).

BCAP TV Advertising Code: 3.1(a)

Response
Max TV explained the ad had been broadcast for nine months. They did not explain why they believed the ad was acceptable to be broadcast but eventually offered to withdraw it.

Assessment
1. Upheld
Although we welcomed Max TVs confirmation that the ad had been withdrawn, the ASA was concerned that Max TV had delayed responding in full to our enquiries.

Because they promoted a breath-testing device, a product defined by the Code as unacceptable, we considered the ad breached the Code.

The ad breached CAP (Broadcast) TV Advertising Standards Code 3.1 (a) (Unacceptable categories).

Action
The ad must not be broadcast again.

harfarhs · #2 25-08-2008, 09:49 AM

I can't see why a breath-testing product should be unacceptable. Why should the device the police use not be on public sale?

Several times police spokespeople have come onto Radio 5 Live saying that there is nothing anyone can do to measure their safety to drive, once they have downed a few drinks. I (and several others) have gleefully pointed out that logically, that can only mean that anyone who has got drunk once must never drive again. But the police (like the ASA?) do not appear to have much brain..

disaffected · #3 25-08-2008, 07:48 PM

Quote:

Originally Posted by Graham

you could be fined, banned from driving, having a criminal record or even worse causing a serious accident.

I have found a fool proof way to avoiding getting caught for drink driving.

Do not drink before you drive. It works for me every time.

I can not understand why any one would have even 1 drink an then get behind the wheel of a car.

For me the no brainer is:
If you have a drink then do not drive!

I can tell you how to avoid getting flashed by speed cameras too.

It is simple, do not exceed the speed limit.

Snoopy · #4 25-08-2008, 07:53 PM

Quote:

Originally Posted by harfarhs

I can't see why a breath-testing product should be unacceptable. Why should the device the police use not be on public sale?

Several times police spokespeople have come onto Radio 5 Live saying that there is nothing anyone can do to measure their safety to drive, once they have downed a few drinks. I (and several others) have gleefully pointed out that logically, that can only mean that anyone who has got drunk once must never drive again. But the police (like the ASA?) do not appear to have much brain..

It's not the same equipment that the police use.