The cases of Shag Lager in 2001 and 2003 respectively show how the ever-evolving nature of the Code can change precedent. Regulatory consistency is important for the industry so that producers can rely on a consistent framework when marketing products. However, this also needs to be balanced with changing perceptions in society, new available evidence and also needs to account for the strengthening of industry rules when appropriate.
In 2001, the Panel first considered Shag Lager under the Second Edition of the Code and noted that while the name ‘Shag’ did create an association with sexual activity, it did not imply sexual success and under the wording of the rule did not believe the product was in breach of the Code. The product itself included imagery of a Shag seabird which the Panel also acknowledged was a common meaning for the word.
In 2003, another complaint was received about Shag Lager Lime which still incorporated imagery of a Shag seabird on the neck of the bottle.
The Third Edition of the Code broadened the rule’s wording to ‘any association with sexual success’ and the Panel considered that the case could be considered again in that context. The producer, Spirit Hop and Grape Holdings Ltd, maintained that Shag was a type of seabird and the packaging included a cartoon visual which was featured on the neck label. The producer explained that it had also refreshed the brand to appeal to its target market of 18–35-year-old clubbers.
However, the Panel considered that shag was a commonly used slang word for sexual intercourse, particularly among the product’s target market, and considered this was how consumers were most likely to interpret the brand name. In a precedent setting case, the Panel also determined that in view of alcohol’s potential to impair judgement and affect behaviour, to link alcohol and sexual activity in a product’s name, packaging or promotional material was undesirable because it might encourage potentially harmful attitudes and behaviour.
The rule was later strengthened in the Fifth Edition of the Code and we’ll revisit how the sexual success/activity rule continued to reshape the market over the coming years.