Over the last 30 years of the Code of Practice, the majority of complaints that have been investigated by the Independent Complaints Panel (Panel) have been regarding packaging. However, it is important for producers to remember that the Code applies beyond just packaging and includes on-trade staples like pump clips. Whilst complaints about pump clips are rare, they are subject to the full Code and producers therefore need to ensure they are compliant. Let’s look at one of these precedent setting cases from 2012, Dark Conspiracy by Ramsgate Brewery, which depicted a portrait style image of the Kray Twins.
Twins Ronnie and Reggie Kray were notorious gangsters in London’s 1960s underworld. They ran a criminal organisation known as “The Firm” and their violent crimes ultimately led to them both being sentenced to life imprisonment. The twins’ story became the stuff of London legend, with some portraying the pair in a glamourised way as ‘gangsters with manners’ whose sharp image matched the 1960s revolutions in fashion, design and music. The Kray brothers mingled with leading celebrities and were even photographed by acclaimed fashion photographer David Bailey. Despite their place in history, it is important to remember that Code rule 3.2(b) disallows any association with violent, aggressive or anti-social behaviour even if that type of behaviour is not being emphatically depicted in marketing.
In response to the complaint, the producers of Dark Conspiracy explained that the name and pump clip design was chosen because the Kray Twins illustrated the name perfectly, conjuring up thoughts of famous conspiracies between gangsters, the press and politicians. Whilst the Panel acknowledged that the company had not deliberately set out to associate the drink with aggression and violence, nonetheless, the Kray Twins were by their nature intrinsically linked with such conduct. The Kray Twins and their exploits were still well known and contemporary, so consumers would make the connection between them and the level of violence they used, which was inappropriate for alcohol marketing. The Panel felt that the name ‘Dark Conspiracy’ in and of itself was not necessarily problematic, but the Panel explained that the use of the Kray Twins image had direct associations with violence and aggression and so accordingly found the pump clip in breach of Code paragraph 3.2(b).
For decades, there have been instances where criminals have gained notoriety and become infamous symbols that are often portrayed as characters that may be admired. From Al Capone to Peaky Blinders, there will always be those that are fascinated by the darker side of humanity; however, it is important to remember that the Kray Twins were real people that caused harm to those who were affected by their crimes. As the ruling against Dark Conspiracy demonstrates, some figures are inherently linked with violence. Their inclusion in alcohol marketing is therefore likely to be problematic, even if acts of violence are not explicitly depicted.
The Code is continuously evolving and in the sixth edition of the Code, Code rule 3.2(b) was updated to include ‘illegal behaviour’ to make clear that any association with crime, including glamourising criminal figures would be unacceptable. We have guidance that explores that change in more details, which you can read . As a reminder to those who may be considering including controversial figures in their marketing, the Advisory Service is on hand and welcomes producers to share ideas at any stage of development for a free, confidential and nonbinding view under the Code to help minimise the risk of complaint.