A complaint against VK’s Squashka products has been upheld by the alcohol industry’s Independent Complaints Panel (ICP).
The complaint, from a member of the public, expressed concern that the products could appeal to children due to the “childlike flavours, colourful packaging in a carton synonymous with children’s drinks” and “using the word ‘squash’ in the title of an alcoholic drink”.
The Panel considered and upheld the complaint against three products: VK Squashka Berries & Cherries, VK Squashka Orange & Pineapple and VK Squashka Apple & Blackcurrant.
Each product was found in breach of four Code rules:
– 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.
– 3.2(e) A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that consumption of the drink can lead to social success or popularity.
– 3.2(f) A drink, its packaging and any promotional material or activity should not in any direct or indirect way encourage illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness.
– 3.2(h) A drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18s.
You can find the full decisions here.
When considering whether the product held a particular appeal to under-18s the Panel focused on the overall impression conveyed by the packaging. The Panel acknowledged that while a 500ml Tetra Pak was not a conventional container for alcohol, unconventional packaging alone would not automatically create an appeal to under-18s. However, the Panel cautioned that producers should exercise care when using novel packaging, particularly packaging formats that were also used for soft drinks and children’s drinks to ensure that the presentation of the packaging did not particularly resonate with under-18s.
The Panel acknowledged the company’s response that the name was intended to communicate a cocktail serve which consisted of vodka and squash mixed together. While acknowledging that adults also consumed squash, the Panel stated that because of a child’s predisposition to enjoy simple, sweet flavours, squash was a highly popular drink for under-18s and would strongly appeal to them. In this case, the Panel noted that the packaging placed a significant emphasis on ‘squash’ and considered that the name had an elevated risk, which when placed in the context of a Tetra Pak with a sweet, simple flavour, contrasting colours and thick black keyline created a particular appeal to under-18s. Based on the overall impression, the complaint was upheld under Code Rule 3.2(h).
The Panel further concluded that these same factors placed a greater obligation on the products’ labelling to clearly communicate its alcoholic nature. While the product did meet the minimum standards set by labelling regulations, the Panel expressed concern that the overwhelming impression created from the combination of the ‘Squashka’ name, a flavour commonly associated with squash, the colours and Tetra Pak container was one that detracted from the alcoholic nature of the drink and therefore could reasonably cause confusion as to whether the drink was alcoholic. On that basis the complaint was upheld under Code rule 3.1.
The Panel also concluded that the line ‘Flavour Sorted. Party Started’ found on the top of the packaging was a breach of Code Rule 3.2(e), whereby a drink’s packaging should not suggest that consumption of the drink can lead to social success or popularity. The Panel considered that ‘Party Started’ could suggest that the presence of alcohol had acted as a catalyst to the success and enjoyment of the party. The Panel acknowledged that while the company may not have intended for the line to be interpreted in such a manner, the ambiguous meaning had created an inadvertent breach of the Code.
Finally, the Panel noted that the instruction on the back of the label to ‘Drink. Dance. Recycle. Repeat’ was likely a playful way to encourage good environmental practices but nonetheless concluded that the line encouraged immoderate consumption by encouraging consumption of more than one drink in one sitting, thereby taking a consumer to seven units in one sitting even if only two were consumed. The complaint was therefore upheld under Code rule 3.2(f) (a drink, should not in any direct or indirect way encourage illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness).
Chair of the Independent Complaints Panel, Rachel Childs, said: “. The VK Squashka cases provide an interesting and balanced precedent for the industry. Innovation in product packaging alone is unlikely to breach the Code but producers must be mindful how such creativity may enhance the appeal of a product to under-18s when combined with other factors such as a name, soft drink crossover, colours and artwork. I am pleased that the producer has chosen to work with the Advisory Service so openly and positively to redesign the packaging and change the product’s name to address the concerns raised by the Panel.”
Matt Bulcroft, Marketing Director at Global Brands, added: “We welcome the opportunity to work alongside Portman Group to uphold high standards across the industry and support responsible marketing. Our move into Tetra Pak was driven by evolving consumer demand for more convenient and environmentally conscious formats. However, we recognise the importance of considering broader perceptions when introducing a new packaging format within the category. Following constructive discussions with the Portman Group, we have agreed to update the design and name of the products in question, to strengthen on-pack clarity and ensure our branding and messaging remain firmly aligned with responsible consumption. We look forward to announcing further details on the new product design and name in due course.”