Company: Haggards Brewery
Final Decision: 4 September 2001
Considered under the 2nd Edition of the Code.
“Bad Jelly Vodka is in breach of Clause 3.1 of The Portman Group Code of Practice; in particular its use of the word “jelly” clearly has appeal to under 18s.“
Under Code paragraph 3.1(g)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way encourage purchase by or sale to under 18s.
Under Code paragraph 3.1(h)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way be more likely to appeal to under 18s than adults.
The company’s submission
The company declined to respond to the complaint.
The Panel’s assessment
The Panel considered the complaint under paragraphs 3.1(g) and (h) in conjunction with paragraphs 3.2 and 3.3 and decided that the product would not be likely to encourage underage sale or purchase nor would it be more likely to appeal to under 18s than to adults. The Panel noted that the packaging of product had undergone considerable revision since a complaint had been upheld on 26th May 2000 against a previous version of the product on the grounds that it was more likely to appeal to children than adults and that the alcoholic nature of the product was not clearly communicated.
In coming to its decision about the present version of the product he Panel noted in particular the typeface, logo and overall design.
Furthermore, there was unlikely to be any confusion as to the alcoholic nature of the product because of the prominence given to the word Vodka on the front of the container as part of the name “Bad Jelly Vodka“, the placement of the abv statement directly under the product name on the front of the container and the prominence given to the word “alcoholic” which appeared twice on the lid and twice on the wrap around label as part of the product descriptor “alcoholic jelly shots“. Moreover, the Panel considered that the phrase “WARNING: FOR ADULT CONSUMPTION ONLY“, which appeared on the wrap–around label, together with the transparent seal which contained the words “ALCOHOLIC CONTENT” helped to ensure that the product was not mistaken for a non–alcoholic product.
Hence, the Panel did not uphold the complaint.
The Panel did not make a finding on the item in The Publican as it appeared not to be point of sale material.
Action by company
No action required.