Dead Pony Club

28/04/2014

Company: BrewDog
Breach: Yes

Complaint summary:

The following text is in potential breach of the spirit of the Code for associations with bravado and immoderate consumption and for placing undue emphasis on strength/intoxicating effect:

‘Fuel up and hold tight, this thorough bred kicks like a mule’

‘Rip it up down empty streets’

‘Drink fast, live fast’

‘Some people say slow is good.  We believe faster is better’ and

‘This pale ale is chopped, turned and ready to roll’

 
Complainant:

Portman Group (acting in lieu of complainant as part of 2012 Code Compliance Audit) 


Decision:

Under Code paragraph 3.2(a): NOT UPHELD

Under Code Paragraph 3.2(b): UPHELD

Under Code Paragraph 3.2(f): NOT UPHELD

Under Code paragraph 3.2(g): UPHELD

The company did not respond to the complaint.

The Panel reviewed the overall impression conveyed by the product as a whole, taking into account the text on the back label and the strength of the beer (Alc 3.8% Vol). 

The Panel noted that the back label included the statement ‘this thorough bred kicks like a mule’ but felt that given the relatively low strength of the beer there was no undue emphasis placed on the strength and/or intoxicating effect of the alcohol.

The Panel also considered the line ‘rip it up down empty streets’ and noted that while the beer was of a lower-than-average strength and one bottle was well within the recommended daily unit guidelines for a man and woman, the phrase still encouraged anti-social behaviour.  Accordingly, the Panel found the product to be in breach of Code paragraph 3.2(b).

The Panel then deliberated whether any aspect of the product encouraged immoderate consumption and concluded in this instance that it did not breach Code paragraph 3.2(f).  However, the Panel expressed concern regarding the phrases ‘drink fast, live fast’ and ‘we believe faster is better’ and felt that both phrases urged the consumer to drink rapidly and subsequently found the product to be in breach of Code paragraph 3.2(g).

 

Action by Company:

To be confirmed


Documents:

Dead Pony Club Retailer Alert Bulletin (PDF)
Dead Pony Club Retailer Alert Bulletin (jpg) 
High Res Image