The Code of Practice has always applied to the packaging of an alcoholic drink. In some cases, producers can be surprised to learn that the definition of ‘packaging’ in the Code also extends to secondary packaging and other products enclosed within the external wrapping.
In the early 2000s, the Portman Group received numerous complaints about gift packs which included teddy bears, chocolates, newborn baby sets and celebration themed packaging.
One such case involved the Bubbly & Bear Gift Pack which was retailed by Asda. A member of the public complained to the Portman Group when her nine year old daughter had been gifted the pack which contained a teddy bear and small bottle of Cavalier.
Asda explained that the gift pack was sold only within the beers, wines and spirits department of their stores and that when it was scanned at the checkout, staff were prompted to ask for proof of age if the customer appeared to be under 21. In this case, Asda believed that the product was clearly alcoholic and was therefore surprised it had been given to a child.
The Panel acknowledged that the company had not deliberately set out to target under-18s and noted that ASDA took precautions in-store to try and ensure that the gift pack could not be purchased by this age group. The Panel also noted that teddy bears were commonly used in gift packs which were very popular, especially on special occasions such as Valentine’s Day. It considered, however, that although teddy bears appealed to many adults, they also had a particular appeal to under 18s, especially the very young and upheld the complaint. Asda removed the gift pack from store.
Alcoholic gift packs are still a popular item, particularly around events such as Christmas, Father’s Day and Mother’s Day. The design of the pack and the included gift can be an area of innovation and the Advisory Service often sees branded merchandise as part of this. As part of the Portman Group’s remit, branded merchandise can also be discussed with our free, confidential Advisory Service. Try to avoid items that will likely resonate with children more than adults and keep the theme adult in nature.
The Second Edition of the Code introduced a number of new Code rules and introduced the principle that alcohol packaging and marketing could not make its alcoholic strength or relatively high alcohol content a dominant theme. The rule was further amended in the Third Edition in 2003 to prevent any marketing that made alcohol’s intoxicating effect a dominant theme.
In 2005, Alcohol Focus Scotland complained about Rocket Fuel Vodka and Rocket Fuel Ice and the prominent positioning of the 42.85% ABV alcohol content on the vodka variant which it believed was using the product’s intoxicating effect to sell the product.
The solicitor acting on behalf of The Rocket Fuel Drinks Company explained the producer’s view that the premium price of the product meant that it would not appeal to those seeking ‘basic alcohol’. The producer response also highlighted that the name was intended to be a humorous joke.
As is the case now, the Portman Group’s free Advisory Service can act in a proactive capacity where it often writes to producers to flag potential issues for confidential discussion. In this instance, the Advisory Service had written to the producer expressing concern about the product’s name. The Panel considered that that the term ‘rocket fuel’ was widely associated with something very strong and very powerful. In the context of a name for an alcoholic drink, the Panel concluded this was an unacceptable choice because it made the alcoholic strength of the product the dominant theme.
If you are contacted by the Advisory Service proactively, it is not the first stage of a complaint. All advice provided is confidential unless you choose to disclose it so you can seek advice in the knowledge that it is non-binding and confidential. Quite often the amends suggested by the Advisory Service will be minor and it is far easier to incorporate such comments during the initial stages of design than when the product is already on shelf so we would always encourage producers to seek advice in the first instance.
The existence of the Code has ensured that product and packaging innovation has been cultivated over time in a responsible manner. However, sometimes there can be an innovation that hits the market that hasn’t been through our free, confidential Advisory Service which could have saved the producer some time and money.
In 2003, a Licensee from Brighton complained about a unique product called X-Plode. Unique because of its shape, X-Plode contained a cream liqueur in a plastic container shaped as a sperm. The producer, Pinsight Financial Services Ltd, explained that the product was intended to be humorous and was not an encouragement to binge-drink or suggest sexual success.
The Panel considered that the product’s sperm-shaped packaging and also the label claim ‘Keep ‘em coming’ linked the product with sexual activity. In view of alcohol’s potential to impair judgement and affect behaviour, it considered that such an approach was undesirable.
The Panel also ruled that the packaging didn’t make it absolutely clear that it was alcoholic, encouraged binge-drinking due to the line ‘Keep ‘em coming’ and particularly appealed to under-18s due to its novel container and cartoon-style sperm illustration. Suffice to say, you can no longer buy an alcoholic cream liqueur in a sperm shaped container!
The Second Edition of the Code was originally published in 1997 and then revised again in 2000. The Second Edition was a heavily revised version and its rules still form the majority of the Code in its Sixth Edition today. It introduced a comprehensive and robust set of standards that have stood the test of time with many of its principles also reflected in the Advertising Standards Authority’s CAP Code. One of the rules added to the Second Edition was the requirement that an alcoholic drink and its marketing cannot suggest any association with, acceptance of, or illusion to illicit drugs.
In 2002, the Portman Group received three complaints from members of the public about Crack Ice. A 5.5% ready-to-drink in a glass bottle, the packaging described the product as ‘A blend of Irish potcheen, citrus and herbs with a buzz’ and stated ‘The Irish love having fun – some believe they were born to party. One things for sure, its clear potcheen spirit, blended with citrus and energising herbs, help give a party that extra buzz. Lose your inhibitions…quicker’, and ‘It’s clearly illicit’.
In its assessment, the Panel acknowledged that ‘crack’ was widely used in Ireland to mean fun but also noted that the word could be linked to ‘crack cocaine’. In this instance, the Panel decided that the word ‘crack’, taken together with the words ‘buzz’ and ‘illicit’, suggested an association, whether or not intended, with the illegal drug crack cocaine.
The early 2000s resulted in a number of rulings against products like Cannabis – The Beer, Cannabis Vodka and Logan Original Hemp Vodka. These precedents addressed a range of products that had entered the market by playing on an allusion to drugs and as a result such widespread association became a thing of the past.
Author: Laura Demorais
Laura is responsible for leading and developing regulatory policy in relation to alcohol marketing issues. She is also responsible for providing the Code Secretariat function to support the Independent Complaints Panel and has oversight of the Advisory Service and Complaints function.
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.
Author: Laura Demorais
Laura is responsible for leading and developing regulatory policy in relation to alcohol marketing issues. She is also responsible for providing the Code Secretariat function to support the Independent Complaints Panel and has oversight of the Advisory Service and Complaints function.
“Beetlejuice, Beetlejuice, Beetlejuice”. In this case, it’s summoned Dr Thirsty’s Beetlejuice and the Panel’s decision from 1997. A Trading Standards Officer from Bristol complained that the product suggested it was a reputed aphrodisiac and that the character on the bottle would predominantly appeal to under-18s.
When considering the product, the Panel noted that the name was identical to a 1988 film about a ghost and a spin-off children’s animated series. The bottle design included black and white stripes, the same as the suit worn by the character Beetlejuice, and included the line ‘Beetlejuice, Beetlejuice, Beetlejuice…release the spirit’. Therefore, the Panel concluded that there was a link between the product and the film Beetlejuice and that the character, which was popular in predominantly under-18s culture, was a breach of the Code.
The Panel also found that the line ‘reputed aphrodisiac’ suggested sexual success and upheld that part of the complaint too.
These days, nostalgia-based marketing has become more popular as a way to appeal to adults with themes from their teens/childhoods. However, care should be taken if including childhood nostalgia in alcohol marketing as inclusion of elements which were popular with children many years ago may still hold an appeal to children today. You can find more guidance on nostalgia-based marketing here.
Author: Laura Demorais
Laura is responsible for leading and developing regulatory policy in relation to alcohol marketing issues. She is also responsible for providing the Code Secretariat function to support the Independent Complaints Panel and has oversight of the Advisory Service and Complaints function.
This is another decision from the first year of the Code and a blast from the past! In October 1996, Alcohol Concern complained about TNT Liquid Dynamite highlighting that the name suggested an association with dangerous behaviour which was emphasised by the packaging designed to look like a stick of dynamite.
The company, Round Imports, disagreed with the complainant’s concerns and stated that the product had never caused or been associated with violent or dangerous behaviour. Instead, the company supplied an indicative list of achievements for dynamite (the explosive) and pointed out that its use had always been beneficially more for the social good than anti-social.
Perhaps unsurprisingly, the Panel didn’t quite agree with that assessment and concluded that a reasonable person looking at TNT Liquid Dynamite’s packaging, including the product name, would reasonably conclude that there was an association with dangerous behaviour and found the product in breach of the Code.
Unique packaging shapes can often help a product to stand out on shelf but basing such designs on explosives and weaponry will lead to a clear-cut breach of the Code. While these breaches are few and far between, there are a handful of cases that became memorable for doing just that and we’ll revisit this theme later in the series.
Author: Laura Demorais
Laura is responsible for leading and developing regulatory policy in relation to alcohol marketing issues. She is also responsible for providing the Code Secretariat function to support the Independent Complaints Panel and has oversight of the Advisory Service and Complaints function.
In this blog series, we’ll celebrate 30 years of the Naming, Packaging and Promotion of Alcoholic Drinks Code of Practice by looking at 30 key decisions from across the past three decades.
The First Edition of the Code was published in April 1996. Its introduction is often linked to the popularity of alco-pops in the 90s and the rise of sweet drinks with brightly coloured liquid, artwork and some with cartoon character mascots. The industry, in partnership with the Portman Group, recognised that responsible standards needed to exist for alcohol marketing so that it did not appeal to children.
While there are a few rulings from 1996 that reflected this concern by complainants, one of the most famous decisions was against Hooch in September 1996. Hooch, produced by Bass Brewers Ltd in 1996, became a motif of the 90s with its illustrated lemon imposed on a black background. Alcohol Concern complained that the cartoon lemon was similar in design to cartoon figures on products that were more likely to appeal to under-18s. The decision, one of the only taken by the Portman Group just before the creation of the Independent Complaints Panel, agreed with the complainant and upheld the complaint on the basis that the cartoon character was “similar to existing motifs appealing to under-18s”. As a member of the Portman Group, Bass Brewers removed the cartoon lemon from packaging.
In 2025, Hooch, now owned by Global Brands, re-introduced the cartoon lemon on a limited edition can to celebrate Hooch’s 30th anniversary. After discussion with the Portman Group, Global Brands self-referred the product for complaint with the request that the case be reconsidered on the basis that, as a nostalgia-based product, it was designed to appeal to adults. The Panel considered that the lemon did not appear to be playful or friendly and was unlikely to be engaging to a younger audience as it differed vastly from children’s cartoon characters who usually adopted a welcoming stance, large eyes and a smiling face. In addition to this, as the lemon did not bear similarity to characters that were popular with contemporary children, the Panel concluded that the lemon would instead have a particular nostalgic appeal to those who would remember it from the 90s and would now be over 30 years old. Read the 2025 decision.
The Hooch case is unique in that it is the only case to have been reviewed 30 years later. It shows how the Code and its accompanying guidance has evolved over time to take into account changes in societal perceptions and reflects the evolving nature of contemporary marketing and what particularly appeals to children today. The Code itself has changed too with more detailed regulatory guidance on what marketing elements could have a particular appeal to under-18s.
Most upheld cases result in a product being removed from the market. The majority of cases that we’ll review as part of this series no longer exist and show how the standards in the Code have changed the appearance of alcohol packaging and marketing over the years.
Author: Laura Demorais
Laura is responsible for leading and developing regulatory policy in relation to alcohol marketing issues. She is also responsible for providing the Code Secretariat function to support the Independent Complaints Panel and has oversight of the Advisory Service and Complaints function.
The Portman Group’s primary purpose as a self-regulator is to protect consumers from harm, particularly those who may be vulnerable and a fundamental part of this is protecting those who are under-18. In 2023 the Portman Group consulted to amend Code rule 3.2(h) to allow for further protection of under-18s, the rule reads:
3.2(h) A drink, it’s packaging or promotion should not have a particular appeal to under 18s.
In 2023, the Portman Group and the Independent Complaints Panel commissioned a children’s marketing agency, Kids Industries, to provide insights on marketing techniques used to appeal to children and teenagers outside of the alcohol industry, for instance, by analysing marketing used for children’s food products. This year, in the 30th year of the Code of Practice, the Portman Group and the Independent Complaints Panel asked Kids Industries to update the report to provide new insights into a constantly evolving area of marketing in order to support the application of Code rule 3.2(h).
The 2026 update to the report, which can be read in full here, featured four key areas:
Child Development
Each child develops at their own pace and the age at which children reach different developmental stages will differ from child to child. Broadly speaking, children will go through three broad shifts in their development and this can impact how they engage with marketing content. In the early years, for under sevens, it’s all about ‘me and my family’ with the focus on the key people in their life. This extends to ‘me and my peers’ around ages seven to twelve when children will become more impressionable, keen to fit in and begin to reject things that they consider babyish. In the teenage years, the focus becomes ‘me and the world’ where young people increasingly desire autonomy, social status and feel a stronger pull towards content that is culturally relevant and reflects real dynamics and aspirational lifestyles.
Trends in Marketing
Influence transforms as children age and parental impact on decision-making gradually diminishes. Children’s access to marketing is strongly influenced by their media habits with children having significant access to digital devices at a young age. In the UK 69% have access to a tablet at age three to five and by aged sixteen to seventeen 98% of young people have their own smartphone. Influencers are beginning to rival friends and family as trusted sources of information as well as having considerable influence over purchases including toys and groceries. Gaming is also an increasingly popular trend beginning at age three with interactive experience-based games graduating to a point where this becomes a significant social and cultural environment for mid to late teens. Part of the attraction in the gaming world is the ability to customise experiences and explore self-expression. By adolescence, self-identity becomes influenced by a broader mix of cultural and social factors and old-fashioned marketing stereotypes about gender don’t necessarily reflect the way that young people view themselves or want to be represented.
Appealing to Kids
Packaging specifically designed to appeal to young children often features bright colours, often with a key thick black outline, which helps children to distinguish items as they develop visual perception skills. Characters are a key feature too, those which resonate with young children are often cartoon-like and anthropomorphic, safe and funny. For older children, popular characters are less defined by how they look and more by what they symbolise, with humour and cultural references such as meme-like behaviour being represented.
Packaging which features a collectible element has long been popular with children, under sevens seek to collect by quantity whilst older children and teens are more motivated by quality, viewing their collections as a means of social connection and self-expression. Many adults also enjoy collecting, so there can be some overlap between what appeals to teenagers and adults. However, collectibles that encourage trading, sharing and being part of current trends or popular culture are more likely to appeal to teenagers. Collectibles that focus on history, tradition, expertise, or a deep interest in a subject are more likely to appeal to adults.
Flavour preferences will influence packaging appeal with under sevens enjoying classic flavours that are easy to understand like chocolate or strawberry. Eight to twelve-year-olds tend to prefer exciting tastes with unusual novelties such as pickles. In the teenage years, experimentation becomes more refined and likely expressed through premium flavours like mocha rather than purely playful elements.
Aspirational cues shape how children and young people engage with marketing too, under sevens are typically drawn to imitation and imagination. As children grow up their awareness of what is considered ‘cool’ increases and by late teens, the aspiration switches to adult brands and a mature aesthetic.
Cultural relevance is woven throughout the way that children and young people engage with marketing. For young children it is driven through familiarity, recognition and alignment with trusted characters such as Bluey. As children grow up, they become more aware of trends that travel via social media into peer environments with appeal driven by what is being talked about rather than brand messaging alone. By late teens, cultural relevance becomes more closely tied to social fluency with brands that feel current and ‘in the know’.
Considerations
The Kids Industries report culminated in a summary of factors that the Independent Complaints Panel might consider when making their evaluations of what constitutes particular appeal to under-18s with detailed indicators on; colour and clarity, characters, names and logos, collectability, licensing, flavour, aspirationalism and cultural relevance.
The report will be used to inform an updated version of particular appeal to under-18s guidance later in the year alongside new case precedents from the Independent Complaints Panel.
If you are an alcohol producer or marketing agency working with alcohol brands and you’d like free and confidential advice on whether packaging and marketing may particularly appeal to under-18s you can contact the Portman Group’s Advisory Service for a view using our or direct email address advice@portmangroup.org.uk.
Author: Laura Blackmore
Laura is responsible for providing tailored regulatory advice and training under the Portman Group’s Codes of Practice. Laura brings experience from a successful career in education, leadership and management. Laura utilises her educational background to deliver bespoke training and advice through the Portman Group’s advisory service.
Meteorologists say summer began on June 1st, Astronomists say the date changes in line with the summer solstice and this year it will start on June 21st. Meanwhile many people in the U.K feel like summer arrived early for 2026 with the hottest May bank holiday on record. The bright and sunny weather brings a great opportunity for marketing cool and refreshing drinks, here’s the Advisory Service’s guide to making sure alcohol marketing doesn’t make you sweat!
Social Success
Marketing lines which place alcohol as a legitimate accompaniment to a social occasion are acceptable but producers should be careful not to tip over into suggesting that alcohol can be a catalyst to social success. Lines such as ‘get the summer started’ could be interpreted as a suggestion that consumption of the drink could improve the success of the summer season. We would instead recommend that marketing lines focus on the quality and taste of the drink, for example ‘a refreshing choice for your summer drinks’.
Novel packaging
Packaging which makes drinks easy to freeze or easier to carry and reseal when outdoors are often popular in the hotter months. Novel packaging is not inherently an issue under Code rules, but care should be taken to ensure that the alcoholic nature of the drink is absolutely clear to avoid any confusion for consumers.
Water sports and beach play
Producers often want to use beach or pool scenes to communicate the summery nature of their product. Creative designs can be acceptable under Code rules so long as care is taken to avoid any images that suggest the drink has been consumed before or during taking part in water sports or swimming. Additionally, some beach and pool accessories may particularly appeal to under-18s, such as buckets and spades or inflatables with child-friendly themes and so these images should be avoided to minimise risk.
Therapeutic benefits
Alcohol marketing should not suggest that consumption of a drink can change mood or behaviour. Presenting a chilled drink as a serving suggestion is acceptable, but care should be taken to avoid any suggestion that a chilled drink could make a consumer feel ‘chilled’ or relaxed.
Alcohol Alternatives
Alcohol alternatives are a popular choice during warmer weather especially for those who may be designated driver on beach or festival days. Just as with alcohol products, it is important to minimise consumer confusion, an alcohol alternative drink should make it clear that it is below the threshold to be considered an alcoholic drink. This could be achieved by communicating the product’s ABV or using a descriptor where appropriate i.e., ‘alcohol-free’.
Just like alcohol products, a drink its packaging and any promotional material or activity should not have a particular appeal to under-18s. The alcohol alternative category is intended for adult consumers and so any marketing or associated merchandise should not have a particular appeal to under-18s.
Free Advisory Service
If you are an alcohol producer or marketing agency that would like to access free, fast and confidential advice for your summer activations, please do get in touch using our webform or direct email, the Advisory Service will be happy to hear from you.
Author: Laura Blackmore
Laura is responsible for providing tailored regulatory advice and training under the Portman Group’s Codes of Practice. Laura brings experience from a successful career in education, leadership and management. Laura utilises her educational background to deliver bespoke training and advice through the Portman Group’s advisory service.