A complaint against six Beak Brewery products has been upheld by the alcohol industry’s Independent Complaints Panel (ICP).

The complaint, from a member of the public, expressed concern that the bright, cartoon branding on Beak Brewery products may have particular appeal to under-18s, under Code rule 3.2(h).

The Panel considered ten products under the Code in total and upheld complaints against six products and a gift pack. The complaint was not upheld against three products.

The list of decisions can be found below:

BEAK DÉŠŤ 5% CZECH PILS

Upheld – 3.2(h) 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.

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

The full decision can be read here.

BEAK FRENDS 8% DIPA

Upheld – 3.2(h) 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.

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

The full decision can be read here.

BEAK ILLU 6.5% IPA

Upheld – 3.2(h) 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.

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

Not upheld – 3.2(b) A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with bravado, or with violent, aggressive, dangerous, anti-social or illegal behaviour.

The full decision can be read here.

SURPS 8% DIPA

Upheld – 3.2(h) 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.

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

Not upheld – 3.2(b) A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with bravado, or with violent, aggressive, dangerous, anti-social or illegal behaviour.

The full decision can be read here.

COLUMNS 6.5% IPA

Upheld – 3.2(h) 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.

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

The full decision can be read here.

CREEKS 6.3% BRIGHT IPA

Upheld – 3.2(h) 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.

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

The full decision can be read here.

BEAK GIFT PACK

Upheld – 3.2(h) 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.

The full decision can be read here.

HUM 4.8% PALE

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

Not upheld – 3.2(f) A drink, its packaging and any promotional material or activity should not in any direct or indirect way encourage illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness.

Not upheld – 3.2(h) 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.

The full decision can be read here.

BEAK NONIC 8% DIPA

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

Not upheld – 3.2(h) 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.

The full decision can be read here.

BEAK AND THE RED LEVIATHAN 6.8% SOUR ALE

Not upheld – 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.

Not upheld – 3.2(a) A drink, its packaging and any promotional material or activity should not in any direct or indirect way give the higher alcoholic strength, or intoxicating effect, undue emphasis.

Not upheld – 3.2(h) 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.

Not upheld – 3.2(j) A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that the product has therapeutic qualities, can enhance mental or physical capabilities, or change mood or behaviour.

The full decision can be read here.

The producer has agreed to make changes to DÉŠŤ 5% Czech Pils to bring it in line with the Code and that the other products, which were limited edition, will not be rereleased.

Chair of the ICP Rachel Childs said: “The Code of Practice is clear that alcoholic drinks and their packaging should not in any direct or indirect way have a particular appeal to under-18’s. While it was clear that the producer did not intend to market the drinks to under-18s, the Panel found that several products breached the Code in this respect following a complaint from a member of the public. It’s really positive that the producer in this case has engaged fully with the Portman Group Advisory service and agreed to make the necessary amendments to the packaging to bring it in line with the Code.”

A Beak Brewery spokesperson added: “Earlier this year, a member of the public objected to a series of our labels, which they believed could inadvertently appeal to under-18s. We were very surprised to hear this as it’s the first such complaint we’ve received in almost a decade of operation. Fortunately, just one core beer, Dest Pils, was affected and we’re now working closely with The Portman Group to bring this design in line with the group’s labelling policy.

“Over all, it’s been a positive learning experience for us and we’re looking forward to working more closely with the group’s advisory service over the coming years.”

A complaint against Twickenham Brewery’s ‘Naked Ladies’ pump clip has not been upheld by the alcohol industry’s Independent Complaint Panel (ICP), following a complaint from a member of the public. The full decision can be read here.

The complaint raised concerns that the name, branding and design of the pump clip were inappropriately sexualised and could cause offence and embarrassment for customers and staff when ordering the product in a pub or bar, under Code rule 3.3 – causing serious or widespread offence. The Panel did not uphold the complaint.

The Panel discussed the product name ‘Naked Ladies’ and noted the company’s submission that the beer was one of several which it named after local landmarks, in this case a well known and colloquial term used to describe a group of statues in Twickenham. The Panel noted the packaging and company website incorporated descriptive language designed to explain the historical context of the statue, and while limited space on the pump clip didn’t include this – the reference of Twickenham in the company’s name did provide some context.

The Panel also discussed the artwork on the pump clip which depicted one of the referenced local statues. The Panel considered the Portman Group’s accompanying guidance to Code rule 3.3 and noted that to breach the rule in relation to sexual objectification the packaging or marketing would need to incorporate elements that were demeaning, derogatory, gratuitous or overly sexualised. The Panel considered that the design was artistically stylised and akin to art deco, with no identifying detail added to any of the statue’s features or undue focus on its pelvic or breast area.

As such the Panel considered that the depiction of the statue and the name ‘Naked Ladies’ did not cause serious or widespread offence. Accordingly, the complaint was not upheld under Code rule 3.3.

Chair of the Independent Complaints Panel, Rachel Childs said: “It’s vitally important under the Code that producers ensure their products do not cause serious or widespread offence and in relation to sexual objectification, that they don’t incorporate elements which are demeaning, derogatory, gratuitous or overly sexualised. In this case, the Panel concluded that the overall impression of the Naked Ladies pump clip did not fall foul of the Code and did not uphold the complaint.”

The Portman Group is delighted to announce the appointment of David Macdonald as the new Deputy Chair of the Independent Complaints Panel (ICP), following six years as a serving member.

David, a former senior police officer in Scotland, has vast experience working to combat alcohol harm as well as extensive knowledge of the licensing industry which spans over three decades.

He takes over the role from Rachel Childs who was appointed Chair of the Panel in November 2023.

Currently, David is a senior officer within the Alcohol and Drug Partnership (ADP) at Glasgow Health and Social Care Partnership, supporting the co-ordination of health services across the city.  His role encompasses close engagement with a wide cross-section of the community including individuals suffering alcohol and drug addiction issues, the recovery community as well as key stakeholders across the statutory and third sector delivering services.

His multi-faceted role includes the development of innovative programmes to prevent future drug deaths, overdoses and the harms associated with problematic drug and alcohol use, as well as responsibility for prevention and education resources for children and young people.

David also served over thirty years as an officer in Police Scotland, gaining significant experience in operational leadership at local and national levels and expertise in alcohol licensing.  He was a pivotal member of the national licensing unit at the inception of Police Scotland, working on policy development and tackling high profile licensing issues across the country.

In 2019, David completed a Masters degree in Contemporary Drug and Alcohol Studies from the University of West of Scotland.

On top of this, David also serves on the Advisory Council of the Scottish Qualifications Authority and has been chair of the Parent Council of one of Scotland’s top secondary schools for the past four years.

The ICP are currently recruiting for two new members.

Rachel Childs, Chair of the Independent Complaints Panel said: “I am thrilled to appoint David as Deputy Chair of the Independent Complaints Panel following six years as a serving member.

“His commitment to tackling alcohol harm is incredibly impressive and I have absolutely no doubt his decades of knowledge and experience will prove invaluable in the role of Deputy Chair.”

New Deputy Chair of the Independent Complaints Panel David Macdonald said: “I am delighted to be appointed to the role of Deputy Chair of the Independent Complaints Panel (ICP), continuing to work with the ICP in support of the Codes of Practice and the alcohol industry’s complaints process.   I am passionate about maintaining the independence and impartiality of the ICP, and I’m looking forward to supporting our newly appointed Chair, Rachel Childs, and the ever-evolving regulatory process.

“It’s vital that the ICP continues to uphold the protection of consumers and their families from irresponsible and inappropriate alcohol marketing and I thoroughly look forward to continuing working to deliver this for our communities.”

A complaint against Asahi’s Super Dry beer has not been upheld by the alcohol industry’s Independent Complaint Panel (ICP). The full decision can be read here.

The complaint, received from a member of the public, raised concerns that the alcoholic nature of the drink was not communicated on its packaging with absolute clarity under Code rule 3.1, in particular that a “zero-like” figure on the front of the packaging may cause consumers to mistake the beer for an alcohol-free product.

The Panel considered whether the figure on the front label could cause consumer confusion as to the drink’s alcoholic nature as raised by the complainant, but the Panel noted that the character was a square, presented as a Kanji character in a wider Japanese context, rather than a circle and therefore considered that the majority of consumers would be unlikely to mistake it as a reference to a drink containing zero alcohol.

The Panel also assessed the front and back label of the drink and noted that there were several instances of positive alcohol cues on the front label. This included references to ‘beer’ and ‘brewing’ several times. The Panel considered the back label and observed further positive alcohol cues such as the word ‘beer’, a responsible drinking message, unit content information and the drink’s alcoholic strength by volume (ABV). After assessing the packaging in its entirety, the Panel considered the product sufficiently communicated its alcoholic nature with absolute clarity and accordingly, did not uphold the complaint.

Chair of the Independent Complaints Panel Rachel Childs said: “While the Panel expressed a degree of sympathy regarding the potential for confusion between alcoholic and non-alcoholic products which share the same branding, in this case they concluded that the product communicated its alcoholic nature with absolute clarity due to a number of positive alcohol cues and as a result did not uphold the complaint.”

Today, the Portman Group launches the first industry wide and freely available Alcohol Alternatives Guidance for packaging and marketing to help producers ensure alcohol alternative products are marketed and sold responsibly to consumers.

The Portman Group’s Advisory Service will now also offer free, confidential advice to producers launching products in the category and low cost training to the industry will also be available. The full guidance can be read here and the quick read here.

An ‘alcohol alternative’ drink is defined as having an ABV of 0.5% or below and may have references to the absence of alcohol on the product and in its marketing. It may also share branding with an alcoholic drink or have similar packaging.

The new principles for responsible marketing best practice stipulate that, as products aimed squarely at adults, steps should be taken to ensure that the marketing of alcohol alternatives has no particular appeal to under-18s.

Marketing which shows people driving, playing sport, or taking part in risky activities after they’ve consumed an alcohol alternative product should make it clear they have consumed the alcohol alternative, and that the intention is to show a wider range of choice for consumers.

On a precautionary best practice basis, guidance recommends that marketing does not depict, or reference in copy, an alcohol alternative being consumed during pregnancy. Those who are or may be pregnant will make their own educated choices about whether they wish to drink products at 0.0%.

The guidance also lays out five other suggestions for producers, including:

• Making clear that the drink is at or below the threshold to be considered an alcoholic drink (0.5% ABV);
• Not associating alcohol with social or sexual success;
• No images of people who are, or look as if they are, under 25 years of age;
• And the product should not cause serious or widespread offence.

The guidance comes as new YouGov research commissioned by the Portman Group found that over a third (35%) of alcohol drinkers now consider themselves an occasional or regular drinker of alcohol alternatives – rising to close to half (44%) of 18-24 year olds. Furthermore, almost a quarter (23%) of UK drinkers have seen their alcohol consumption fall as a result of low and no alcohol products.

Public Health Minister, Dame Andrea Leadsom, said:

“I welcome the publication of this marketing guidance for alcohol alternatives, and the commitment of producers to market and sell these products responsibly to adult consumers.

“I hope this guidance will support producers in increasing availability and visibility of alcohol alternatives for those consumers who want to moderate their alcohol consumption and improve their health.”

Matt Lambert, CEO, the Portman Group – the alcohol social responsibility body and marketing regulator, said:

“We very much welcome the endorsement provided by Department for Health and Social Care for the first industry wide and freely available alcohol alternatives guidance for packaging and marketing. As evidenced by our research, alcohol alternatives have seen a huge increase in popularity in recent years, and the Portman Group has responded by creating new marketing principles to help producers market these products responsibly.

“It is clear that consumers are gravitating to alcohol alternatives either as a moderation tool to cut down on their drinking or as part of a healthier lifestyle.

“Our new guidance aims to help producers be clear and transparent in their marketing, ensuring that information is provided to consumers when considering which products to buy.”

A complaint against Wolfie’s Whisky has not been upheld by the alcohol industry’s Independent Complaint Panel (ICP). The full decision can be read here.

The complaint, received from a member of the public, raised concerns that the packaging contained a cartoon like character which could have particular appeal to children under Code rule 3.2(h) and that text on the packaging could encourage bravado under Code rule 3.2(b) and irresponsible consumption under Code rule 3.2(f). The complaint was considered under the three Code rules and not upheld by the Panel.

The Panel discussed the term ‘rascal’ which appeared on the packaging with the phrase “Rascal of a thing” and noted that it was typically a light-hearted term used to refer to cheekiness, as opposed to being synonymous with illegal behaviour or criminal activity.

The Panel further considered the line in the context of the rest of the packaging, which included a prominent illustration of a cartoon wolf smiling and winking. The Panel noted that the wolf was presented in a friendly albeit cheeky way, and this contributed to the impression that ‘rascal’ was intended to refer to mischievous characteristics, rather than creating an association with bravado. The Panel did not uphold the complaint under Code rule 3.2(b).

The Panel considered that as the packaging did not create an association with bravado, there was nothing in that regard which encouraged irresponsible consumption. When assessing the rest of the packaging, the Panel noted that the drink was a collaboration with Rod Stewart but stated that a connection to a rock star was not enough to encourage consumers to drink irresponsibly. Accordingly, the complaint was not upheld under Code rule 3.2(f).

The Panel then considered whether the packaging of Wolfie’s Whisky had a particular appeal to under-18s as raised by the complainant.  The Panel noted that the wolf was depicted in a smiling friendly way and that the illustration was reminiscent of pre-1970s cartoons. The wolf also had a top hat on which included a playing card, which could be understood as a reference to adult card games or rock and roll culture, creating further separation from contemporary children’s cartoons.

The rest of the bottle was typical of spirits packaging and there were no other elements on the front or back which were likely to have a particular appeal to under-18s. Therefore, the Panel did not uphold the complaint under Code rule 3.2(h).

Chair of the Independent Complaints Panel, Rachel Childs said: “It’s vitally important under the Code that producers ensure their products do not have particular appeal to under-18s, or encourage bravado or irresponsible consumption. In this case, the Panel concluded the cartoon wolf was presented in a way which created separation from contemporary children’s cartoons and, combined with other elements on the packaging which were typical of spirit products, did not have particular appeal to under-18s.”

Co-founder of Wolfie’s Whisky, Duncan Frew said: “We’ve taken great care while building every element of the Wolfie’s Whisky brand over the last two years. Having worked closely with the Portman Group to ensure our marketing and branding is on the right side of the Group’s guidelines, we are pleased with the outcome of this situation.”

A complaint against BrewDog’s ‘Wingman’ beer has not been upheld by the alcohol industry’s Independent Complaint Panel (ICP). The full decision can be read here.

The complaint, received from a member of the public, raised concerns about the beer’s cartoon style packaging under Code rule 3.2(h) which states that a product should not have a particular appeal to under-18’s. The complaint was not upheld.

The Panel assessed the packaging and noted that it included a prominent large design of a cartoon anthropomorphised bird on the front of the can. The Panel considered that while anthropomorphised animals could have a particular appeal to under-18s, the character in this case had a stern, unfriendly expression that contrasted with anthropomorphised animals which usually appeared in children’s media. The Panel noted that the character design was complex, with the bird dressed as a military pilot with elements such as facial tattoos which ensured the character appeared more adult in nature.

After assessing the packaging in its entirety, the Panel considered that while the style was cartoon-like and the character was the dominant theme, on balance, the design was retro in style, mature and reasonably complex. The Panel concluded that while the design may have a level of appeal to children, it did not constitute a particular appeal to under-18s and did not uphold the complaint under Code rule 3.2(h).

The Panel also considered the product under three other Code rules, including whether the product communicated it’s alcoholic nature with absolute clarity, but found no breach of the Code.

Chair of the Independent Complaints Panel Rachel Childs said: “It’s absolutely vital under the Code of Practice that producers take care to ensure their alcohol products don’t have particular appeal to under-18s. In this case, while the packaging was cartoon-like and the character was the dominant theme, it was clear from the overall impression of the product that it did not have a particular appeal to children.”

The alcohol industry’s Independent Complaints Panel (ICP) is now recruiting for two new members to sit on its Panel.

Complaints made under the Portman Group’s Codes of Practice are adjudicated by the ICP, who meet a minimum of six times a year, and represent a wide range of backgrounds and experience.

The membership of the Panel is diverse and independent from the Portman Group, representing a wide range of backgrounds and experience, and is chaired by Rachel Childs.

Recruitment has opened to replace members whose terms of appointment have come to an end, and in order to keep a balance of expertise and experience, we are particularly interested in applicants with:

• A professional background working with young people.
• An insight into youth trends and behaviour (e.g. working in education).
• Experience in youth or social work

Panel members are also required to have sound judgement, good communication and listening skills, a reasonable awareness of alcohol issues, a balanced view of alcohol’s role in society and to be genuinely independent and objective in their thought and approach.

To ensure that the Panel is diverse, applications will be welcome from anyone who believes they would make a useful contribution to the work of the ICP, so there is no required level of experience and we encourage applications from anyone over the age of 18. Applications are particularly welcomed from those based in Wales, Scotland and Northern Ireland.

Please note that anyone who is, or has been, directly employed by an alcoholic producer is ineligible to apply for these vacancies.

Applications close on 2 February 2023 with interviews expected to take place on the 11, 12 and 15 March.

Those interested can view the full details and how to apply on the job advert here.

Chair of the Independent Complaints Panel Rachel Childs said: “Over 170 irresponsible and inappropriate alcohol products have either been re-branded or removed from the market as a result of decisions made by the Independent Complains Panel – so this is a really exciting opportunity for the right candidates to join us in continuing to drive industry changes and protecting consumers.

“To maintain the diversity of the Panel we’re particularly interested in applicants with professional experience in working with young people, but we would fully encourage applications from anyone who can demonstrate the required skillset.”

• Huge rise in 18-24 year olds considering themselves either regular or occasional drinkers of low and no alcohol products.
• Almost a quarter of drinkers have cut down on alcohol due to alcohol alternatives
• UK consumers drink alcohol alternatives to avoid drinking excessively at social events and be able to drive home

The Portman Group’s sixth annual survey in partnership with YouGov shows that young people are the biggest consumers of low and no alcohol alternatives, with nearly half (44%) of 18-24 year olds surveyed considering themselves either an occasional or regular drinker of alcohol alternatives, compared to 31% in 2022*.

Trends also show that the younger generation are now the most sober age group overall, with 39% of 18-24 year olds not drinking alcohol at all.

The results show how these products have contributed to increasing moderation among UK drinkers – with a rise in respondents who have seen their alcohol consumption decrease as a result of low and no alcohol products (23% compared to 21% in 2022)** and over a third (35%) of those surveyed now consider themselves an occasional or regular drinker of alcohol alternatives – a significant increase from 2022 (29%).

Our research continues to tell a positive story of how low and no products have become an important and normal part of how the UK public moderate their drinking and tackle potential harm – with three quarters (75%) of UK drinkers having at least tried a low and no alcohol alternative, compared to a third (33%) of non-drinkers.

For the sixth year in a row the most popular reasons to drink alcohol alternatives are to avoid drinking excessively at social events and being able to drive home.

This reinforces how they could play an important role in tackling wider alcohol-related harm, such as drink driving, and aiding people in staying within the Chief Medical Officer low-risk guidelines of 14 units per week.

Of those who could recall, UK consumers most often drink these products alternating with alcohol or on drink free days during the week and 83% first tried an alcohol alternative through a product which shared branding with an alcoholic product.

Matt Lambert, CEO of the Portman Group said: “It is welcome to see a further rise in the popularity of low and no alcohol alternatives as well as further evidence of how they are an important tool to help UK drinkers, particularly younger adults, to drink responsibly.

“The availability of alcohol alternatives has never been more abundant and we eagerly await the outcome of the recent UK Government consultation on low alcohol descriptors, which we hope will further facilitate the growth of the UK low and no alcohol market.”

Notes to editors

1. All figures, unless otherwise stated, are from YouGov Plc. Total sample size was 2197 adults. Fieldwork was undertaken between 16th – 17th November 2023. The survey was carried out online. The figures have been weighted and are representative of all UK adults (aged 18+).
2. *N.B There was a change in question wording between 2022 and 2023 surveys from ‘often’ and ‘sometimes’ to ‘regular’ and occasional’ in terms of typical low and no alcohol alternative consumption, and impact on alcohol consumption since ‘first trying’ an alcohol alternative to ‘due to’ and alcohol alternative.
3. **Excluding those who did not drink alcohol before first trying a low and no alcohol alternative.
4. A spokesperson is available for interviews upon request.
5. The Portman Group was formed in 1989. It is the alcohol industry regulator and social responsibility body. It has over 160 Code signatories from producers, retailers and membership bodies.
6. The Portman Group is funded by 19 member and associate member companies: Asahi UK Ltd; Aston Manor Cider; Bacardi; Beam Suntory; Brown-Forman; Budweiser Brewing Group UK&I; Campari; C&C; Diageo GB; Edrington UK; Heineken UK; Mark Anthony Brands International; Mast-Jäegermeister UK; Molson Coors Beverage Company; Pernod Ricard UK; Punch Pubs & Co; SHS Drinks; Thatchers’; and Treasury Wine Estates.
7. The Code of Practice for the Naming, Packaging and Promotion of Alcoholic Drinks was first published in 1996. In 2021, we celebrated the 25th anniversary of the Code. The Code seeks 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. The Code has helped create an industry that works effectively within the context of a self-regulatory model, while encouraging design, innovation and creativity. This has been done in an effective, responsive and inexpensive way.

• Effectively – 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;
• Responsively – there have been five updates to the Code over 25 years responding to changes in public attitudes and expanding its reach; all without recourse to Government or Parliamentary time;
• Inexpensively – the leading members of the industry are currently funding the model for all to be protected at no cost to the public purse.

• A spiced rum gift pack containing a sex toy and a copy of the Kama Sutra has been discontinued after a complaint was received and then upheld by the alcohol industry’s Independent Complaints Panel (ICP).
• The product name ‘Love Potion’ was also found to be in breach as well as its label text which claimed the product was a ‘proven aphrodisiac’, and told consumers to “entice your pirate lover with shimmering lust dust’.

Pirate’s Grog Love Potion No.9 Spiced Rum and gift pack were upheld under two Code rules as they were found to create a direct association with sexual activity and sexual success under Code rule 3.2(d), and suggested they had therapeutic qualities which could change mood or behaviour under Code rule 3.2(j).

The complaint, made by Identity Drinks Brand, against the gift pack, read: “This can’t be allowed? Sex Toys with alcohol”.

During the Informal Resolution consideration stage, the Chair of the Independent Complaints Panel (ICP) raised concerns about the product name and back label text of Pirate’s Grog Love Potion No.9 Spiced Rum, and therefore ruled that the packaging and the gift pack should both be considered by the Panel.

In response to the Panel’s Provisional Decision, the company accepted the Panel’s findings regarding the Love Potion No.9 Gift Pack and confirmed it had been discontinued.

A copy of the Panel’s full decision is available here.

Pirate’s Grog Love Potion No.9 Spiced Rum

When assessing the back label, the Panel noted that it included text which read ‘Love Potion No.9 entice your pirate lover with shimmering lust dust’ and ‘a proven aphrodisiac… let the fireworks begin!’. The Panel considered that referring to the drink as a means to entice a romantic partner, or as a substance alleged to increase sexual desire, created a direct association between the drink and sexual activity as well as sexual success.

The Panel discussed the company’s response to the provisional decision, in particular the producer’s assertion that wild cherries were considered to be an aphrodisiac and that it was not against guidelines to describe the ingredients in a drink. The Panel acknowledged that referring to an ingredient in the drink, such as wild cherries, was acceptable, however by stating its aphrodisiac effect it implied that the drink could increase sexual desire.

Accordingly, the Panel found the packaging in breach of Code rule 3.2(d).

The Panel considered that the product name Love Potion No. 9 alone suggested that consumption of the drink could change a person’s mood and behaviour by creating feelings of love and romance.

The Panel assessed the overall impression of the packaging and noted that the front label included a heart and cross image in the style of a skull and crossbones, combining the association of a warning and recognised medicinal logo. The Panel assessed the back label text which stated a “proven aphrodisiac” which suggested the drink could create sexual feelings and therefor change an individual’s mood and behaviour.  Therefore, they also found the packaging in breach of Code rule 3.2(j).

Pirate’s Grog Love Potion No.9 Gift Pack

The Panel considered that the inclusion of the Kama Sutra, a well-known book related to the depiction of sexual positions, and a sex toy in a gift pack with alcohol was wholly inappropriate under the Code. The Panel concluded that the combination of items in the gift pack, in addition to the product packaging of Love Potion No.9 Spiced Rum, created a direct association with sexual success and sexual activity. Accordingly, the complaint was upheld under Code rule 3.2(d).

As the Love Potion No.9 Spiced Rum bottle was also included in the gift pack, the Panel considered whether the concerns raised regarding the name packaging of Love Potion No. 9 Spiced Rum under Code rule 3.2(j) would also apply to the gift pack, as the drink formed part of it. The Panel concluded that the same rationale would apply as its overall impression included the drink’s packaging. Accordingly, the gift pack was also found in breach of Code rule 3.2(j).

The company has now agreed to change the name and packaging of Love Potion No.9 rum.

Chair of the Independent Complaints Panel Rachel Childs said: “It is wholly and unquestionably inappropriate for an alcohol product to come packaged with a copy of the Kama Sutra and a sex toy, which the Panel unanimously agreed creates a clear association with sexual success and activity.

“I welcome that the gift pack was removed from the market as part of the producer’s response, and that, through the Portman Group’s subsequent engagement with the producer, they have now agreed to change both the name and packaging of Love Potion No.9 rum to reflect the decision of the Panel.

“It is absolutely vital that producers take into account the Code and ensure alcohol products don’t create any implication that they will assist consumers in sexual success. I would encourage any producers who may be unsure to contact our free and confidential Advisory Service.”