Peters & Peters

ESG Enforcement Tracker

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ASA reprimands BrewDog for failing to explain the basis of carbon negative claims in Instagram post

Date:
20 December 2023
Relevant legislation/regulation:
Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) and Code of Broadcast Advertising (BCAP Code)
Jurisdiction:
United Kingdom
Status:
Closed
Regulator/enforcement authority:
Advertising Standards Authority (ASA)
ESG Category:
Environmental
Defendant(s)/subjects(s):
BrewDog plc

Key Facts:

The ASA investigated complaints about an Instagram post by BrewDog which showed an Earth covered in flames and claimed that BrewDdog was a “Positive Planet Certified Carbon Negative Company” and “the World’s First Carbon Negative brewery”.

The ASA investigated whether these adverts were misleading because they did not make the basis of BrewDog’s carbon negative claims clear.

In response to the investigation, BrewDog explained that the caption to its Instagram post had included a link to a web page which set out the basis of the company’s claim to be carbon negative and included a link to its wider sustainability projects. The advert also referred to the Positive Planet certification. This was an accreditation by an independent organisation that had used an internationally recognised methodology to certify BrewDog’s carbon-negative credentials.

The ASA found that the advert was misleading because it did not make clear the basis of the unqualified claim that BrewDog was carbon negative. The fact that the post contained a link to BrewDog’s website was not sufficient. The ASA told BrewDog that the advert must not appear again in its current form. It also told BrewDog to ensure that in the future the company’s adverts made the basis of any environmental claims clear.

Sources: 

ASA ruling

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