For over a decade there have been considerable falls in levels of underage drinking across the UK. Since 2002, weekly underage drinking in Wales¹ has declined by 80%, whilst in England² there has been a 64% fall between 2004 and 2021*. In Scotland³, the decline has been 58% since 2004 and in Northern Ireland⁴ we’ve seen a 50% fall in those who have ever tried alcohol since 2000.
While the alcohol sector would certainly never seek to claim sole credit for these falls in underage drinking, it is also the case that there have been numerous industry-funded and led initiatives that have helped to drive these downward trends. Reflecting on decades of innovation, regulation and partnerships across the industry, we take a look at some of these initiatives and the work carried across the UK to help tackle underage drinking.
Challenge 25
Whether in store or online, retailers are committed to promoting the responsible retail of alcohol and to ensure that they do not sell alcohol to under-18s. The Retail of Alcohol Standards Group (RASG) is a panel of the leading retailers in the UK who offer practical advice and develop guidance and best practice to aid, encourage and facilitate retailers to sell alcohol is a responsible way.
RASG’s most significant achievement has been the development and nationwide roll out of the Challenge 25 initiative which you will probably have seen in stores. It is a retailing strategy that encourages anyone who is over 18, but looks under 25 to carry acceptable ID if they wish to buy alcohol. Challenge 25 is more than a proof of age scheme; it demonstrates important cultural changes in organisations that adopt it. Staff are trained to ask anyone who looks under 25 to present an acceptable form of ID (a card bearing the PASS hologram, a photographic driving license or a passport) and managers are trained to support staff and not to overrule them. There is huge rigor in challenging people up to 25, rather than simply over 18, and this has entirely changed the sales environment.
In 2021, due to growing demand, RASG issued free guidance to support online alcohol retailers and build best practice within their own organisation. This has helped them to remain compliant when selling online, no matter their business model, size or resources. This was updated in 2022, with the new guidance available here.
Community Alcohol Partnerships
A hugely effective grassroots initiative has been Community Alcohol Partnerships (CAPs). They bring together and support local partnerships of councils, police, retailers, schools, health providers and community groups across the UK to reduce alcohol harm among young people, improve their health and wellbeing, and enhance their communities. To date, over 250 CAPs have launched across the UK, with many more planned and being developed.
For CAPs that collected comparable baseline and post intervention data the following changes were found:
You can learn more about CAPs in our blog here.
Scottish Alcohol Industry Partnership
The Scottish Alcohol Industry Partnership (SAIP) is a vehicle for industry partners to work together to support, devise and deliver initiatives that contribute towards the promotion of responsible drinking and tackle alcohol-related harm in Scotland.
In Summer 2022, SAIP, together with Police Scotland and local authorities, launched a nationwide proxy purchase campaign in Scotland under the strapline of ‘It’ll cost you’. General feedback from Police Scotland and Police Scotland Youth Volunteers was that the campaign was well received by retailers and the public. It underpinned the partnership working between the retail trade and police. The campaign was relaunched in June 2023 and will run until August 2023.
Regulation – Advertising Standards Authority
The Advertising Standards Authority (ASA) is the UK’s independent advertising regulator. It has administered the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (written and maintained by the Committee of Advertising Practice) for over 60 years and the UK Code of Broadcast Advertising (written and maintained by the Broadcast Committee of Advertising Practice) for 18 years.
These Codes include rules to protect people who are vulnerable, including children (which the Codes define as those aged 15 and under) and young people (those aged 16 and 17). They include rules on the scheduling and placement of adverts to ensure that under-18’s exposure to alcohol advertisements is appropriately limited. The rules prohibit these ads from appearing in children’s and young people’s media and, where they appear in media targeting a predominantly adult audience, the content is restricted to ensure that they cannot appeal particularly to those under the age of 18.
Since 2019, the ASA has reported annually on children’s exposure to age-restricted TV ads, including alcohol products, at the UK level. In its most recent analysis, it found that between 2010 and 2021, children’s exposure to alcohol advertising on TV decreased by three quarters, from an average of 3.2 ads per week in 2010 to 0.8 ads per week in 2021. The average number of alcohol ads children saw in 2021 (0.8 per week) reached the lowest level in the 12-year period covered (ASA, May 2022).
Regulation – Portman Group
For over 25 years, our Code of Practice for the Naming, Packaging and Promotion of Alcoholic Drinks has sought to ensure that alcohol is promoted in a socially responsible way, only to those aged 18 and over, and in a way that does not appeal particularly to those who are vulnerable. It is backed by over 160 Code Signatories, which includes all the leading retailers in the UK.
Thanks to the Code, over 170 products have been amended or removed from the market. Many hundreds more have been helped to adhere to the Code before appearing on shelves through the support of the Advisory Service.
In addition to the Code rules, we provide guidance on their application. We also look at market trends and provide guidance on how to responsibly present alcohol products, marketing, and promotions.
In March 2019, we published a blog on sampling to respond to online sales. Promoters should only offer samples to people who are over the age of 18, and if in doubt ask for proof of age (driving licence, passport, or PASS-accredited proof of age card). If proof of age cannot be supplied, and companies have any doubts as to whether the person is over 18, then they should politely refuse to offer them a sample.
The Future
Looking to the future there is always more work to be done. 71% of regular drinkers aged 11-15 obtain alcohol from their parents in England⁵ so there is important work to be done to educate parents to understand the Chief Medical Officer’s advice that an alcohol-free childhood is the healthiest and best option. This is the next challenge and should help to further drive down the number of under-18s drinking.
Foot notes
¹ Health Behaviour in School-aged Children and 2018 survey, May 2019
² NHS Digital, September 2022
³ Scottish Government, November 2019
⁴ NI Young Persons Behaviour & Attitudes Survey, September 2020
⁵ Community Alcohol Partnerships, 2023
*remained at 6% since 2016 under new methodology
AUTHOR: MATTHEW MACAULAY, SENIOR STRATEGIST, KIDS INDUSTRIES
Kids Industries is a specialist award winning research and marketing agency focused on the children’s and family market. We work with the largest brands in the world including Kellogg’s, McDonalds and the BBC, and we have supported the marketing of Bing, Bluey, Pokémon and Star Wars amongst many others.
The Portman Group and Independent Complaints Panel recently commissioned us to undertake research on broad marketing techniques that are used to appeal to children and teenagers outside of alcohol marketing. The research and training are designed to assist the Independent Complaints Panel with its rulings in relation to the Code of Practice – in particular the application of the rule that alcohol is promoted in a socially responsible way that does not have particular appeal to under-18s.
In my role as a strategist at Kids Industries I spend a lot of my time thinking about how to make products, services and advertising which will appeal to children. But what constitutes appealing marketing to children isn’t a straightforward question.
There is a tendency for some companies to view under 18s as a homogenous group who have similar needs and motivations. The reality is, this couldn’t be further from the truth. Crammed into the age range 0-18 are 9 developmental stages which shape the sorts of marketing that children will or won’t respond to. It’s only by understanding the nuances of these developmental stages that we can create effective marketing campaigns that will resonate with young people.
Determining what type of marketing is particularly appealing to children is therefore a challenge when there are such differences in how children react to advertising depending on their developmental stage.
The majority of the rulings made by the Independent Complaints Panel in relation to the suitability of alcohol marketing, focus on packaging. Whilst it isn’t possible to generalise about the type of packaging that will potentially attract an under 18 year old, we can develop a set of principles based on products and packaging that are designed to appeal to young children:
- Colour & clarity: young children – under the age of 7 – pay little attention to verbal messages, it’s the visuals that matter. They tend to be most attracted to bright primary or secondary colours. Bright colours are particularly stimulating to their developing brains and easier to perceive. But it’s not all about colour – contrast in luminance is as important to attract a child’s attention.
- Character: characters on child-targeted food packaging have strong appeal for children and tend to demonstrate certain consistencies. More often than not they are cartoon-like e.g. animals or anthropomorphised foods. To adult eyes they seem exaggerated with oversized features (eyes, smiles, cheeks) but to children’s developing brains this exaggeration is appealing. It’s also noticeable that all characters are approachable (no jagged teeth, no hard corners) – fulfilling the safety that children and parents alike desire.
- Brand Licensing: strongly connected to character is the power of brand licensing to drive children to want certain products. Any parent knows that entertainment characters are a sure fire way to get children to engage with certain items, from Peppa Pig raisins to Minions yoghurt drinks.
- Name & Logo: from Frubes to Munch Bunch, brand logos aimed at children tend to embody simplicity, play, bright primary text, chunky font, high contrast or a thick outline. These elements in combination attract children’s attention.
- Collectability: collectables are perennially popular with kids from trading card games (Pokémon) to football sticker sets and toys / dolls like Barbie and Hatchimals. They are frequently leveraged by FMCG companies looking to attract children and drive repeat purchase. YoYoBear – the fruit based snack with collectable cards – is a prime example of this. The cards have proved hugely popular, with some even commanding significant sums on eBay.
- Flavour: children have a genetic predisposition towards sugary / sweet and salty foods and flavours. They initially reject sour and bitter tastes.
Of course, the aim for alcohol producers it to avoid their products and marketing having a particular appeal to under-18s. As a guide, we’d recommend looking at these six elements in conjunction with each other to assess the appeal of a particular product or piece of marketing to children alongside the Portman Group’s guidance on particular appeal to under-18s.
The Portman Group always seeks to showcase and highlight the many examples of social responsibility within the alcohol and wider hospitality industry. In this blog, we invited the Drinks Trust to explain and demonstrate the valuable work they do for the sector’s most important asset – its workers.
***
The Drinks Trust is the charity dedicated to the drinks and hospitality workforce. It strives to empower our industry through services designed to assist financially, restore well-being and develop skills, and do so with compassion and respect. In doing so, The Drinks Trust seeks to create an equitable industry where opportunities to thrive are open to all.
Over the years, especially since the Covid pandemic hit, we have expanded our services to meet the industry’s ever-evolving needs. Today, we offer a wide range of resources, including hardship grants, mentorship, guidance from licensed therapists, advice on mindful drinking, and more. Ultimately, we aim to provide comprehensive support: emotional, financial, practical, and vocational to meet the needs of our industry’s workforce; our community.
Since Covid hit, The Drinks Trust has helped fivefold more beneficiaries than before the pandemic (around 5,000 people a year).
Restore – well-being services
The Drinks Trust’s Restore service strives to equip the people of the drinks industry with tools and resources for healthy living in both mind and body. Our 24/7 confidential helpline sits at the heart of our wellness services, allowing us to connect individuals seeking help with professional insight. Each call is answered by a qualified counsellor who can give in-the-moment guidance and referrals to additional forms of support, from further one-to-one counselling sessions to cognitive behavioural therapy (CBT), treatment for sleep and insomnia, and mindful drinking courses. To find out more about Restore: Click Here
Assist – financial support
Financial hardship and debt pressure can impact every aspect of life, including mental health and family relationships. That’s why we offer financial assistance to trade members who have fallen on hard times. Our Assist services provide hardship grants to people meeting our financial criteria, helping with costs such as household bills and funding purchases of food, home equipment, and more. Through The Drinks Trust Helpline, we are also able to connect those in need of financial advice with debt specialists. To find out more about Assist: Click Here
Develop, Education and Training
With the drinks and hospitality industry facing a significant lack of skilled staff in the wake of Brexit and the pandemic, building our industry’s workforce is more crucial than ever. The Develop programme will bring new talent to the trade while helping people out of long-term hardship. Officially launched in 2022, Develop offers individuals educational opportunities, resources, and bursaries to enter the industry or learn new skills to grow their careers. We work with carefully selected providers and brand partners to deliver a variety of training options, from generalist workshops covering skills such as CV writing, to specialist courses in bartending, brewing, distillation, and more. In the first year of operations, Develop trained 1,000 individuals. To find out more about Develop: Click Here
The Drinks Community
The Drinks Community is the only dedicated digital platform for people in the drinks hospitality industry to network, share ideas, and upskill. Our free-to-join interactive space allows members to take part in industry-specific conversations, seek and provide mentorship, and tap into expert resources. Through the Drinks Community, we also run in-person events for professional development and networking, connecting the trade both online and off. To find out more about Drinks Community: Click Here
Equal Measures
The Drinks Trust is the official delivery partner of Equal Measures, an initiative focused on fostering greater equity in the drinks trade. Equal Measures provides education and mentorship for individuals from minority ethnicities and other marginalised backgrounds, giving participants the tools to build long-term careers in the industry. The initiative also empowers
businesses to re-evaluate their internal practices and prioritise diversity and inclusion in their workplaces. To find out more about Equal Measures: Click Here
Contact us today to find out more about our services, become a partner, join our events, and more.
Helpline: 0800 9154610
While it’s unlikely that you will start any marketing campaign with the intent to cause serious offence, it’s important to consider how words, phrases and images may be understood by some consumers. Often, we notice a clash between a brand’s ideas of humour and how a group may consider the marketing. This blog aims to address the top three areas which can end up causing serious or widespread offence.
The flexibility and efficiency of the self-regulatory model allows us to regularly review the Code to ensure it is fit for purpose and reflects changing standards in society. In 2019 we launched the sixth edition of the Code of Practice, after requests from the sector we introduced a new Code rule which states that alcohol marketing should not cause serious or widespread offence. Since then, the Independent Complaints Panel (Panel) has considered seven products under this Code rule – read on to find out the top three issues have occurred, and how you can avoid unintentionally causing serious or widespread offence.
1 – Objectification
It’s important that alcohol marketing doesn’t objectify or sexualise a person. The Panel has considered and upheld a few complaints regarding drinks which have sexualised and objectified individuals such as Quickie Wine and Unshaven Maiden. When considering the depiction of individuals in your own marketing, you should take care that there is no undue focus on certain parts of their bodies, that they are not positioned in a sexualised manner, and do not reinforce demeaning stereotypes.
2 – Mental health
It’s vital that alcohol marketing does not denigrate or derogatorily depict mental health. The Panel recently considered a case regarding Four Loko, in terms of whether the name ‘loko’, phonetically similar to ‘loco’ (which translates to crazy in English), could cause serious offence. In that case, the Panel noted that ‘crazy’ and ‘loco’ could be used to describe objects or experiences and was not inherently associated as being a phrase directed at a person. In another recent case, the Panel considered the phrase ‘Nutter’ as part of a decision on Original Nuttah. The Panel concluded that ‘nutter’ was primarily used to refer to someone with mental health issues in a derogatory way. The Panel therefore concluded the name would be seriously offensive to some consumers and the complaint was upheld. In the case of mental health the significance of words and phrases can be more impactful . Marketing that is deemed to be derogatory, or demeaning will not be acceptable under the Code.
3 – Swearing and offensive language
It’s important to remember that offensive language and expletives can also cause serious offence.
In a recent case regarding Fok Hing Gin, the Panel found that the phonetic similarity to a seriously offensive expletive, in combination with the wider marketing of the product where the name was used in such a way that was clearly alluding to profanity, caused serious offence.
Further information
We understand that sometimes drawing the line between distasteful marketing, and something that can cause serious or widespread offence can be tricky. That is why we have created more in depth guidance here. If you are ever in doubt do contact the Advisory Service for a free confidential view here.
Why is the Portman Group consulting to update the Code?
The Portman Group’s primary purpose as a self-regulator is to protect consumers from harm, particularly those who are vulnerable, and a fundamental part of this is protecting those who are under-18. For over 30 years, we have responded to the challenges of alcohol harm and this includes periodically reviewing the Code of Practice on the Naming Packaging and Promotion (NPP) of Alcoholic Drinks to ensure it is fit for purpose.
The NPP Code was subject to an extensive public consultation in 2019 and the majority of the Code is working as intended. However, we recognise that the Code must adapt to provide effective self-regulation to an industry, which at its heart, is creative and constantly evolving. This consultation is therefore a narrow one. It is designed to address an issue that has arisen in the daily application of the Code and to ensure alignment with the Alcohol Sponsorship Code. Self-regulation is at its most effective when it enables robust, proportionate action quickly and in a way that also allows the views of all interested parties to be heard.
What does this mean?
After conducting an internal examination of the Code rules, we have identified that Code rule 3.2(h) requires further clarification, to ensure that the protection for those under the age of 18 is delivered as intended. Code rule 3.2(h) currently reads:
‘A drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18’.
We have proposed changing the current wording of Code rule 3.2(h) to read:
‘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. A producer must not allow the placement of brand names, logos or trademarks on merchandise which has a particular appeal to under-18s or is intended for use primarily by under-18s.’
The proposed rule amendment would therefore create consistency between the Naming, Packaging and Promotion of Alcoholic Drinks Code and the Alcohol Sponsorship Code, with the intention to prevent any link between alcohol and childhood.
What happens next?
The consultation will run for six weeks and we encourage all interested parties to read the full consultation document here and respond to the questions outlined on page 10.
We will consider all responses carefully and with an open mind. We are committed to maintaining a strong and effective Code of Practice for the responsible marketing of alcoholic drinks. If you share these aims, then please share your views.
The consultation will close at 5pm on 7 July. In light of the comments received, the Portman Group may prepare a revised Code of Practice. If changes are agreed, it is hoped that the sixth edition (amended) of the Code will be published in autumn 2023 alongside revised accompanying guidance.
Whenever the new edition of the Code is published, there will be a grace period of at least six months before products and promotions are required to comply with the new Code.
If you have any questions about this consultation or need advice on the form of the response, please contact us consultation@portmangroup.org.uk.
Why did you join the Panel?
I worked for 14 years in the drinks industry, for smaller producers rather than global establishments. During that time I was able to join the Portman Group Public Affairs Directors group and have a chance to input on the codes and guidance that help the industry to self-regulate and encourage the responsible marketing of alcohol. The managing director of our company had been involved in the establishment of the Portman Group right from the start, and that ethos had always been important to me.
We were launching brands in an area where there were a lot of exciting new products who had fun with their marketing – but it needed to be done in the right way. Yes, we were selling alcohol and building a brand, but it needed to be done carefully, or we would damage that brand. We took pride in our responsibilities even as a smaller producer and worked with not only The Portman Group but also Drinkaware and Community Alcohol Partnerships to ensure we were playing our part and contributing to education about alcohol as well as responsible marketing, alongside the global names of other TPG members.
It gave me the opportunity to fully understand how important the self-regulatory model was, and the need for clear guidance to producers of all sizes on how to follow the Codes. I was also part of a working group on the guidance around the emerging area of digital marketing and it was clear to me then how much marketing teams needed to consider the issues and work together as an industry to learn from each other and ensure a common approach to responsible marketing – which the Portman Group was facilitating.
So when I was first told about the ICP role, I jumped at the chance to continue to contribute in some way to this knowledge sharing and ability to help keep brands marketing in the right way – be they large or small.
Did it live up to expectations?
Yes it did, and I enjoyed both terms, but it was more challenging than I expected. Beforehand, having worked on PADs and heard Panel decisions, I did not fully appreciate the level of discussion that takes place. Every single Panel member takes time to review the dossier before the meeting in detail, and then considers every point carefully. Initial thoughts then lead to more nuanced debate and taking other people’s viewpoint into account before final comments.
And that is where the range of the panel’s experiences come to the fore – we are all recruited for different reasons, and all have a relevant background of some sort. I learnt so much from others who worked with young people, or had experience of health or policing issues that helped us understand the possible impacts on many different audiences. We each had to take on all these different points and come to a joint decision, which was much more complex than I imagined – but I thoroughly enjoyed that process and the debates we had, as it meant no decision was ever taken lightly.
It reconfirmed in my mind the importance of the independent panel model within self-regulation of the industry. Having worked on PADs, I already knew that the rules apply to all brands and companies, but having to take decisions on global member companies was especially interesting as it shows that there is no favouritism – each case is considered on it’s own merit. I was also impressed by the strict procedures in place on confidentiality and impartiality. As someone who had worked in the industry, I was able to recuse myself whenever I (or the chair) felt that I was too close to a case or a producer.
However, that industry knowledge meant that I was able to represent the smaller producer and explain to other panel members about marketing or production points that might be relevant, and how the complaints process may impact on the decisions brand owners make.
What are some of the trends you noticed?
I think there has certainly been an increase in the number of small producers coming to market with products that are not compliant with the Codes – often through lack of awareness, rather than intent. It’s now possible for small producers to reach a much wider market through digital channels for example, where they may not be aware of the licensing and packaging guidelines in the same way as larger producers with more experience.
This has tended to be in certain sub categories that have grown in popularity and where there are also less barriers to produce in smaller volumes, but also where there is a trend for more creative and artistic packaging than some other categories. Less traditional designs have resulted in more complaints in some areas as more consumers become aware of them.
There is a need then for producers to engage with the Portman Group and realise that the industry can work together to be responsible and educate others. This isn’t about restricting sales or stifling creativity and it’s certainly not ‘the fun police’ as some producers seem to want to depict the Portman Group and it’s members. The members include smaller producers as well (a fact ignored by those wishing to be negative) and they all want to ensure responsible marketing of alcohol not only because it is ethically right but it’s right for their brand values and to demonstrate that self-regulation can work in this area, without the need for legislation.
This misunderstanding sometimes means that producers will push the boundaries or think that the rules don’t apply to them. Just because you know your target market, it doesn’t mean that you can do whatever you like on pack and ignore potential impacts on anyone else.
A common defence we received was that “this was the first complaint they’d had” or that they weren’t in breach because they were sold only in high end retailers at a premium price. But the Panel have to look beyond that and know that this was a genuine complaint, and that placement and price are out of their remit because this product could then be found in someone’s home. Once it’s been purchased, and it’s in the fridge or on the shelf, the price doesn’t matter if it overtly appeals to under 18’s, or if it’s not clear that it’s alcoholic. That’s when we apply the Code in detail and consider the full context of the packaging, not just one single element.
What advice would you give someone launching a product?
Get some advice before you begin! And make sure that you include your designers and packaging suppliers in this as well – it’s not enough to have a great piece of artwork, if it’s not compliant with the Codes. The panel will consider the packaging in context to make their decision but will also think about setting a precedent to help with future advice. For example, if a particular word or image is deemed problematic on a spirit bottle, would we have the same issue with it on a beer can? What is the context and how else can it be applied?
Whilst I’ve seen plenty of examples of where producers have got things wrong through an easy mistake, it’s also very easy to get advice from the Advisory Service up front. Their guidance is not a guarantee that you won’t get a complaint or that it won’t be upheld, but they will base it on their experience of the code and of previous ICP decisions.
They are also very well versed in packaging guidance and a wealth of other information, so I would encourage every producer out there to speak to them – it’s free and having worked alongside them for many years, I would say their knowledge is invaluable.
Anything else that you would say is important?
The independence of the panel and the breadth of experience is really important – I think some producers think it’s the Portman Group members out to get them and this is so far from the truth that its very frustrating to hear! So reinforcing that message would be helpful.
In a new series, we are running quick question and answer sessions covering regular questions that are asked of the Advisory Service. We often get asked how the Code applies to retail placement and retail price in both the Advisory Service and during the complaints process. In this first blog we look at some of the most common questions we receive to help explain when and how the Code applies in these situations.
Q: Consumers know my product is alcoholic as it is only retailed in the alcohol aisle of well-known off-trade establishments, does this satisfy the requirement under Code rule 3.1?
While retailers do typically retail alcoholic drinks in a designated alcohol aisle, it’s important as a producer to remember that alcohol purchased in the off-trade is likely to end up in the home environment. In addition to this, no producer has total control of a supply chain and a product could still end up in an unintended purchasing environment. It’s therefore important that a product should communicate its alcoholic nature with absolute clarity on packaging.
The Code does not require that a product communicates its alcoholic nature with absolute clarity on-shelf when seen from a distance. Portman Group guidance acknowledges that a shopper will pick up a product from its retail position and will assess it in its entirety. Producers should therefore be mindful of ensuring there are positive alcohol cues on the packaging, these can include the name of the alcohol, the alcoholic strength by volume (ABV), unit content and more.
Q: Under-18 year olds cannot purchase alcohol, and even if they did, they would not like its taste. If I can prove no one under-18 buys the product will this demonstrate that it does not have an appeal to them?
One of the key principles of the Naming, Packaging and Promotion of Alcoholic Drinks Code of Practice is that products should not have a particular appeal to under-18s. The wording of the rule heavily focuses on the ‘particular appeal’ of a product and the appeal conveyed by the overall impression of the product will be the same, regardless of where, or how, the product is sold. The consideration of appeal is fundamentally one that goes beyond product availability and the rule is applied both in the spirit and letter.
No one under the age of 18 years old can purchase alcohol in the UK, with very specific exemptions in the on-trade, so it is clear that purchasing data does not provide an accurate reflection of a product’s appeal to this age group.
Producers are encouraged to discuss any concepts with the Advisory Service prior to launch and to carefully follow guidance to ensure that a product does not have a particular appeal to under-18s.
Q: I have a premium product that has a high price point, therefore no one would down the product in one or consume it irresponsibly, is this taken into consideration?
While the positioning of a brand and the price may be taken into consideration by the Independent Complaints Panel, compliance with the Code is considered on a case-by-case basis. This means that whatever the price point, it will always be the overall impression of the product packaging that will ultimately determine compliance with the Code.
While it’s not possible for us to provide an exhaustive list of potential infringements, if you are at all unsure, why not reach out to the Advisory Service for a free confidential non-binding view here, or check out our guidance here.
The Portman Group’s fifth annual research report into UK public attitudes to low and no alcohol alternatives is an important point to pause and take stock of an historic increase in the sales over the category over this time. Since we started our report series the market has grown by over 130% from sales at £108 million in 2018/19 to one today worth £255 million[1]. The market has matured and perhaps the category has now settled in the minds of consumers.
The results show how these products have become ingrained with UK alcohol drinkers and their moderation habits, but sound a note of caution after years of explosive growth, suggesting further steps may need to be taken to foster further growth.
The Portman Group once again partnered with the market research company YouGov, to commission an online poll of YouGov surveyed 2,381 adults across the UK online between 28 and 29 November 2022. The figures have been weighted and are representative of all UK adults (aged 18+).
The headline findings show:
Alcohol alternatives – responsibly promoted and a key part of consumer moderation techniques
Our research continues to tell a positive story of how low and no products have become part of UK consumer buying habits. Five years of polling have given us a substantial data set to reflect and build conclusions. It shows how these products are by and large bought by current alcohol drinkers, as a key tool for moderation and responsible drinking.
Each year of polling has shown that low and no alcohol consumers across all age groups highly value these products for enabling them to drive home safely from social events (helping to tackle the scourge of drink driving), as well as from drinking excessively (enabling consumers to moderate).
It is leading to a significant proportion of alcohol drinkers to have cut back their weekly alcohol consumption since first trying a low and no alcohol alternative.
These findings are echoed in recent research published by the independent charity Drinkaware which found that “the use of alcohol-free/low alcohol drinks as a ‘moderation technique’ (things people do to moderate their drinking) of reducing by drinkers is increasing” [2]. It also found that “Some risky drinkers use alcohol-free/low alcohol as a tool to decrease their overall alcohol intake, particularly once they have decided that they are drinking too much alcohol.”
Whilst concerns have been raised surrounding the promotion of low and no alternatives which share branding with an alcoholic product above 1.2% ABV, our polling highlights the significant importance of these products as a key entry point to the category. Furthermore, the promotion of the products remains targeted at adult consumers, with measures also voluntarily in place across hospitality and retailers to prevent any sales to those under 18.
Low and no growth should not be taken for granted
After years of significant and rapid growth, our polling may indicate that consumer uptake of alcohol alternatives could be plateauing.
We recognise that our polling may be an outlier, as sales have been predicted to continue to boom in the UK. Consumer research agency IWSR has predicted 7% annual volume growth of low and no alcohol in the UK from 2022 to 2026[3]. We do intend to repeat our polling later in 2023 to chart the latest development of the low and no trend.
However, our polling could suggest that neither the industry nor the Government should take continued growth for granted. We would urge greater awareness and availability of alcohol alternatives, especially in hospitality settings, would help ensure continued growth in the sector.
Another key step would be for the UK Government to launch the long-awaited consultation on low alcohol descriptors this year. The consultation would seek views on updating the terminology around the various ways in which products below 1.2%ABV are marketed – a key source of confusion for UK consumers. The consultation is also a chance for the UK to be brought in line with our Western European neighbours and deem products 0.5% ABV and below as ‘alcohol-free’. This would also be in line with the UK Licensing Act, which deems products 0.5%ABV and below to be non-alcoholic.
The Portman Group will continue to work with all of the sector – from producers, retailers, publicans and consumer groups – to help build connections and to provide consumers with greater awareness of low and no.
Finally, curious to know the profile of the typical low and no drinker?
[1] AHDB January 2020 and Mintel 2022
[2] Drinkaware: Alcohol-free and low alcohol drinks in the UK, July 2022
[3] The Times: No alcohol? No problem, as sales boom in UK, January 2023
At the core of the Portman Group’s work is the work of the regulatory team. For over 25 years they have practically and pragmatically helped the sector to be responsible through the management of firstly the Code of Practice for the Naming, Packaging and Promotion of alcoholic drinks in the UK and then the Sponsorship Code. Through the free Advisory Service, products and campaigns can be reviewed before going to market, helping to ensure that potentially problematic products never reach the shelves. The team also provides training to help the industry understand the Code’s application, and this year launched a brand new suite of CPD-approved courses, as well as a free seminar specifically for start-ups and small businesses.
All this proactive work helps to keep complaint numbers low and enhances the sector’s delivery for consumers.
It has been another particularly busy and exciting year for us which you can now read all about in our 2022 Regulation Report. It is available to view here. It has been a significant year with the sector uniting to extend and launch updated Alcohol Labelling Guidelines; amendments to two pieces of guidance made to strengthen the industry’s actions to avoid drink driving; and the launch of new training and more precent setting decisions.
Alcohol Labelling Guidelines
For years the UK alcohol industry has proactively worked to ensure that alcohol labelling is both socially responsible and informative for consumers. As a result of commitments in the Government’s 2011 Responsibility Deal, the Portman Group worked with the sector to create Alcohol Labelling Guidance. These decade long commitments demonstrate how to provide consumers with more product and health information than ever before.
In 2022, the Portman Group expanded and updated the Alcohol Labelling Guidance, the best practice on communicating alcohol and health-related information for producers. The guidance was produced with the endorsement and support of the British Beer & Pub Association, National Association of Cider Makers, Scotch Whisky Association, the Wine and Spirits Trade Association, and for the first time the Society of Independent Brewers. The Portman Group provides free visual materials and product advice to the entire industry so that it can uphold this best practice for on-pack information. As a minimum, this includes the Chief Medical Officer’s Low Risk Guidance, pregnancy warnings, unit information on packaging, and signposting to Drinkaware, the independent alcohol advice charity.
Changes to guidance as an anti-drink driving measure
In 2022, the Portman Group took steps to strengthen action against drink driving and issued a change to guidance regarding sampling and the Code rule 3.2f (irresponsible/immoderate consumption).
Promotions which involve product sampling are subject to the rules in the Portman Group’s Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks. The Advisory Service regularly provides advice to producers on how to activate sampling activity in a responsible manner and advice tends to focus on guidance under Code rule 3.2(f) due to its requirement not to encourage immoderate, irresponsible or illegal consumption. Sampling is the giving away of free alcohol in small quantities. While the act of sampling tends to involve the giving away of a small amount of a product – just enough to assess the taste and quality – producers and marketing agencies often require further advice regarding how and where such samples can be distributed.
In 2022, the Advisory Service revised guidance regarding unsealed sampling activities in carparks of licensed premises. An unsealed sampling activity involves the offer to a consumer to try a sample of alcohol for immediate consumption. To avoid the inadvertent encouragement of drink-driving, the Advisory Service now recommends that producers should avoid targeting sampling activities at drivers, regardless of the amount of alcohol being given away, including if it is well below the drink-drive limit for best practice purposes. The updated guidance recommends that unsealed sampling should not be held in a carpark of a licensed premises (a supermarket or pub for example) to ensure that producers are not encouraging irresponsible consumption, such as drinking before driving.
Training
The Portman Group has offered training under its Codes of Practice for over 20 years to help maintain high standards of responsible marketing. In May 2022, the Portman Group redesigned its Continuing Professional Development (CPD) accredited training programme and we are delighted to now offer four types of engaging, informative, training. To improve the attendee experience, and to ensure our materials are relevant and delivered to the highest standards, three of our seminars are CPD certified. To ensure that all producers have access to training, we launched our first online introductory training seminar. The seminar is free to access for producers with a turnover of less than £2.5 million and is tailored for those starting out in the industry as it provides an overview of who we are, our regulatory remit, the Code rules, the complaints process, and explores some Panel precedent-setting decisions.
Complaints
Alongside this, in the report we explore regulation through numbers, looking at the advice requests and complaints we’ve processed over the year. We welcomed four new Independent Complaints Panel members, significantly increasing our diversity of experience and background, and as with every year the Panel made precedent setting decisions.
These are just some of the highlights in the Taking Responsibility for Alcohol Regulation Report 2022 – for more insights read more here.