The Second Edition of the Code was originally published in 1997 and then revised again in 2000. The Second Edition was a heavily revised version and its rules still form the majority of the Code in its Sixth Edition today. It introduced a comprehensive and robust set of standards that have stood the test of time with many of its principles also reflected in the Advertising Standards Authority’s CAP Code. One of the rules added to the Second Edition was the requirement that an alcoholic drink and its marketing cannot suggest any association with, acceptance of, or illusion to illicit drugs.
In 2002, the Portman Group received three complaints from members of the public about Crack Ice. A 5.5% ready-to-drink in a glass bottle, the packaging described the product as ‘A blend of Irish potcheen, citrus and herbs with a buzz’ and stated ‘The Irish love having fun – some believe they were born to party. One things for sure, its clear potcheen spirit, blended with citrus and energising herbs, help give a party that extra buzz. Lose your inhibitions…quicker’, and ‘It’s clearly illicit’.
In its assessment, the Panel acknowledged that ‘crack’ was widely used in Ireland to mean fun but also noted that the word could be linked to ‘crack cocaine’. In this instance, the Panel decided that the word ‘crack’, taken together with the words ‘buzz’ and ‘illicit’, suggested an association, whether or not intended, with the illegal drug crack cocaine.
The early 2000s resulted in a number of rulings against products like Cannabis – The Beer, Cannabis Vodka and Logan Original Hemp Vodka. These precedents addressed a range of products that had entered the market by playing on an allusion to drugs and as a result such widespread association became a thing of the past.
Author: Laura Demorais
Laura is responsible for leading and developing regulatory policy in relation to alcohol marketing issues. She is also responsible for providing the Code Secretariat function to support the Independent Complaints Panel and has oversight of the Advisory Service and Complaints function.