Company: Mr Wines and Beers Wholesale Limited
Final Decision: 18 August 1997
Considered under the 1st Edition of the Code.
“We believe the name and packaging of this product are more likely to appeal to under 18s than to adults.”
The Portman Group
The Panel considered the complaint under the first edition of the Code in April 1996.
The Panel noted that in a telephone conversation with The Portman Group the Company expressed the view that the product appealed to adults. The Company was encouraged to submit a written response for the Panel to consider, but did not do so.
In the Panel’s view, the vulgarity of this particular name and the fact that it is a swearword makes it more likely that the product will appeal to under 18s than to adults. Accordingly, the Panel’s decision was that the product contravenes Paragraph 2.1(c) of the Code.
The Panel considered whether or not the cartoon pictures of a bull snorting (on the front of the bottle) and defecating (on the rear) together with the wording “Here’s another load of bullshit freshly pattered for you” were characters or motifs alluding to under 18s cultures. The Panel was of the view that they were not and accordingly the complaint was not upheld under paragraph 3(4).
However, the Panel was of the view that those features were such that the product was likely to appeal predominantly to under 18s. Accordingly, the Panel upheld the complaint under Paragraph 3.8 of the Code.