The Code of Practice has always applied to the packaging of an alcoholic drink. In some cases, producers can be surprised to learn that the definition of ‘packaging’ in the Code also extends to secondary packaging and other products enclosed within the external wrapping.
In the early 2000s, the Portman Group received numerous complaints about gift packs which included teddy bears, chocolates, newborn baby sets and celebration themed packaging.
One such case involved the Bubbly & Bear Gift Pack which was retailed by Asda. A member of the public complained to the Portman Group when her nine year old daughter had been gifted the pack which contained a teddy bear and small bottle of Cavalier.
Asda explained that the gift pack was sold only within the beers, wines and spirits department of their stores and that when it was scanned at the checkout, staff were prompted to ask for proof of age if the customer appeared to be under 21. In this case, Asda believed that the product was clearly alcoholic and was therefore surprised it had been given to a child.
The Panel acknowledged that the company had not deliberately set out to target under-18s and noted that ASDA took precautions in-store to try and ensure that the gift pack could not be purchased by this age group. The Panel also noted that teddy bears were commonly used in gift packs which were very popular, especially on special occasions such as Valentine’s Day. It considered, however, that although teddy bears appealed to many adults, they also had a particular appeal to under 18s, especially the very young and upheld the complaint. Asda removed the gift pack from store.
Alcoholic gift packs are still a popular item, particularly around events such as Christmas, Father’s Day and Mother’s Day. The design of the pack and the included gift can be an area of innovation and the Advisory Service often sees branded merchandise as part of this. As part of the Portman Group’s remit, branded merchandise can also be discussed with our free, confidential Advisory Service. Try to avoid items that will likely resonate with children more than adults and keep the theme adult in nature.