While the Portman Group has processed many complaints in the 30 year history of the Code, some of its most publicised involved BrewDog. Over the course of BrewDog’s early history it would have a number of cases involving both the Portman Group and the Advertising Standards Authority. BrewDog was certainly not the only producer in recent years to use certain marketing tactics to gain consumer attention but in the early 2000s the company became a headline brand in a short space of time and its publicity was often linked to regulatory decisions. It is not the Portman Group’s role to stifle innovation but such creativity cannot involve irresponsible marketing and it was during this time that the Code’s application and enforcement received a heightened amount of publicity.
In 2009, Alcohol Focus Scotland complained about a product called Speedball citing that the name ‘Speedball’ was inappropriate for an alcoholic drink as it referred to the dangerous practice of combining heroin and crack cocaine to provide both a stimulant and sedative effect. In addition to this, the product’s label described the drink as a ‘class A ale’ and the producer website included phrases such as ‘up-down’, ‘happy-sad’ and described the beer as ‘a vicious cocktail of active ingredients’. The producer stated that by alluding to drug misuse in this way, they might even highlight this issue and help prevent it.
The Panel considered that the product’s claims clearly sought to present the product as akin to an illicit and dangerous drug. The Panel was concerned that the blurring of alcohol and illicit drugs in this way not only fostered inappropriate attitudes to drinking but furthermore trivialised drug misuse and was grossly irresponsible. After the Panel upheld the complaint, the producer changed the product name.
In order to prevent a cycle of complaints from emerging, the Portman Group, as a pro-growth regulator, will always work with a producer in the event of an upheld complaint and it is in both parties’ interest to ensure that products comply with the Code and are free to market in a responsible manner. The Advisory Service can provide confidential advice to help address concerns raised by the Panel and all producers are encouraged to provide feedback on the regulatory process so that the system works for all involved.