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Company: The Tubular Drinks Company Ltd
Breach: Yes
Final Decision: 21 November 2003

Considered under the third edition of the Code.

Complaint summary

“Our complaint is focused around two areas: the visibility of the product, which we are required to obscure, and the youth oriented logo (style and font).”

Complainant

The Bad Jelly Company

Decision

Under Code paragraph 3.2(a)

A drink, its packaging and any promotional material or activity should not in any direct or indirect way have the alcoholic strength, relatively high alcohol content, or the intoxicating effect, as a dominant theme.

NOT UPHELD

Under Code paragraph 3.2(i)

A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that the product can enhance mental or physical capabilities.

NOT UPHELD

Under Code paragraphs 3.2(g)

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.

UPHELD

The Panel’s assessment

The Panel considered that the product’s packaging did not have the alcoholic strength, relatively high alcohol content, or intoxicating effect, as a dominant theme.  Hence, the Panel did not find the product in breach of Code paragraph 3.2(a).

The Panel considered that the product’s packaging did not suggest that the product could enhance mental or physical capabilities. Hence, the Panel did not find the product in breach of Code paragraph 3.2(i).

The producers believed that the font and style of the packaging was not particularly youthful or distinctly attractive to a youthful audience.  The Panel considered, however, that the combination of the lettering on the containers, the fact that the bright colours of the product were visible through the transparent containers,  the product name and the instruction ‘wobble it and gobble it’ meant the product had a particular appeal to under 18s. Hence the Panel found the product in breach of Code paragraph 3.2(g).

Action by company

To be confirmed.