- The law
- CAP Code section 18 (rules 18.1 to 18.17, and 18.18 onwards for alcohol alternatives); Licensing (Scotland) Act 2005 section 1 and Schedule 3 paragraphs 6A, 6B and 8; Public Health (Minimum Price for Alcohol) (Wales) Act 2018 section 2
- Who enforces it
- Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP); licensing authorities and the courts for minimum pricing
- Penalties
- The ASA can have an email withdrawn or changed and refer persistent offenders to Trading Standards; selling below the minimum price in Scotland or Wales is a criminal offence.
What it means for your email
- The CAP Code covers marketing emails, so section 18 applies to every email that promotes or features an alcoholic drink (over 0.5% ABV), including mixers promoted alongside one.
- The email must not be aimed at under-18s, through who you send to or what it shows. CAP says no medium should carry alcohol ads if more than 25% of its audience is under 18.
- Anyone shown drinking, or playing a significant role, must not be, or seem to be, under 25.
- Don't link drinking with confidence, popularity, seduction, sexual success, bravery or the success of an event, and don't suggest it cures boredom or loneliness.
- Offers must not encourage excessive drinking. Strength can be stated as a fact, but a drink can't be sold as better because it is stronger.
- In Scotland and Wales, alcohol can't be sold from licensed premises there below 65p per unit. It depends on where the premises are, not where the customer lives, so an email offer from Scottish or Welsh premises can't take the price under that line.
- Scottish licensed premises also can't sell multi-buys of alcohol for less than the items cost separately (paragraph 6B).
Do
- Send alcohol emails only to subscribers you know are 18 or over, for example by asking for a date of birth at sign-up.
- Use people who are clearly 25 or older in any image where someone is drinking.
- State strength factually, and only compare it with stronger drinks of a similar type.
- If you sell from licensed premises in Scotland or Wales, check discounted prices against the 65p minimum before the offer goes out.
Don't
- Don't use cartoon characters, youth culture or anything likely to appeal particularly to under-18s.
- Don't make health, fitness or weight-control claims. "Low-alcohol", "reduced alcohol" and "reduced energy" are the only nutrition claims allowed.
- Don't show drinking alongside driving, dangerous machinery or unsafe activities, or drinking at work except in exceptional cases.
- Don't run promotions that reward drinking a lot or drinking quickly.
Good to know
- The CAP Code is self-regulation run by CAP and enforced by the ASA. Its rulings are published, and CAP can ask media owners to refuse a non-compliant advertiser's ads.
- If the alcohol is sold from licensed premises in Scotland, their licence bans "irresponsible drinks promotions" in connection with the premises, including free or cheaper alcohol when someone buys other drinks. Check whether your multi-buy email falls under this with the licence holder.
- Alcohol-free versions (0.5% ABV or less) sold as an alternative to alcohol have their own rules (18.18 onwards): state the ABV prominently, show no one under 25 drinking, and don't aim them at under-18s.
- The Portman Group (an industry body, not a regulator) runs codes that cover drink names, packaging and point of sale, but not marketing the ASA already regulates, such as email. A product name or pack shown in your email still has to meet them.
Sources
- Section 18: Alcohol (ASA and CAP)
- Scope of the Code (ASA and CAP)
- Sanctions (ASA)
- Licensing (Scotland) Act 2005, Schedule 3 (legislation.gov.uk)
- Licensing (Scotland) Act 2005, section 1 and Schedule 3 (legislation.gov.uk)
- Minimum unit pricing for alcohol (Scottish Government)
- Public Health (Minimum Price for Alcohol) (Wales) Act 2018, section 2 (legislation.gov.uk)
- Minimum unit pricing for alcohol: summary guidance (Welsh Government)
- Codes of Practice (Portman Group, industry code)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.