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The ad was published in "What's Brewing" magazine, a publication for the Campaign for Real Ale (CAMRA).
It carried text, which read: "The Chancellor takes 33% of a pint of beer and now wants even more. The government is planning to increase beer tax again on Budget day on 22nd April. Enough is enough. Visit www.axethebeertax.com to send an electronic postcard to lobby your mp before it's too late".
It showed a pint of beer approximately two thirds full. Text in the empty top part of the glass stated "33% tax".
The person making the compliant, a CAMRA member, said he believed the advert could give consumers the impression that 33% of the price of a pint was tax applied by the Government, which he understood was not the case.
In a statement the Advertising Standards Authority (ASA) explained its decision: "We considered that because the ad showed a two-thirds full pint glass with the words "33% tax" written on it, readers would infer that the claim related to beer sold in bars and pubs, not to all beer sold, including in shops and supermarkets.
"We considered that the positioning of the image in "What's Brewing" magazine, a CAMRA publication, reinforced that impression. We noted beer was generally sold more cheaply in supermarkets and shops than in pubs and bars and considered that, by including off trade sales, the ad gave the impression that the proportion of the cost of a pint of beer in the pub paid to the Government was more than it was.
"Because the claim, "The Chancellor takes 33% of a pint of beer", was not accurate in that context (at the time the ad appeared) we concluded that the ad was likely to mislead."
Commenting on the ruling, BBPA acting chief executive David Long called the ASA interpretation "limited" and "puzzling", adding that the association didn't think the advertisement was misleading as only one complaint was lodged.

CAMRA's head of Policy and Public Affairs, Jonathan Mail added: "We are bemused at the ASA's decision. We question whether it is appropriate for the ASA to intervene in a legitimate political campaign aimed at exposing the excessive tax burden imposed on beer drinkers."
The ASA concluded that the ad must not appear again in its current form.
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