In response to the release of the Alcohol-specific deaths in the UK ONS report for 2021, Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said:

“Today’s figures show an increase in alcohol-specific deaths on top of last year’s increase, every death is a tragedy for the people concerned and their family and friends. The longer-term impact of pandemic drinking for a small group of drinkers continues and there is increasing evidence that targeted, health focused action is needed for those drinking at the highest harm level.”

The Portman Group has updated its position on non-sealed alcohol sampling activity in car parks of a licensed premises.

The update applies to sampling guidance and Code rule 3.2f, irresponsible or immoderate consumption. It explains that open container sampling of alcoholic products should not be held in a car park of a licensed premises, for example, a supermarket or pub. This is yet another measure to ensure that producers are not encouraging irresponsible consumption, including drinking alcohol before driving.

This updated guidance is the latest in a long, effective history of initiatives from government and the sector to reduce the incidence of drinking and driving, leading to a 30% decline in drink driving accidents over the past decade.

If you would like to discuss this update further, Matt Lambert, The Portman Group CEO, is available for interview. Please let me know and I can set this up. A blog detailing further information is here.

In response to the Scottish Government’s Consultation on Restricting Alcohol Advertising and Promotion, which reviews the role of Portman Group’s regulatory remit, Matt Lambert, CEO of the Portman Group, the alcohol social responsibility body and marketing regulator, said:

“The majority of adults in Scotland are moderate or non-drinkers and it is encouraging that binge drinking, alcohol-related crime and underage drinking have all significantly declined. These recommendations are entirely disproportionate and inhibit consumers’ ability to make informed choices, and restrict the ability to trade for producers and retailers who ensure that alcohol is sold responsibly.

“The Portman Group’s Codes of Practice have played a significant role in helping to achieve reductions in underage drinking, through extensive commitments to ensure that marketing and sponsorship does not target under 18s or vulnerable consumers.

“The Scottish Government’s own Health Survey published last week shows that average weekly intake has fallen to well below the official UK Government weekly guidelines. This has all occurred at a time when the amount of advertising spend has increased, suggesting that there isn’t an immediate correlation between them.

“However, there is still work to be done in addressing the small minority that drink to harmful levels and they require targeted health led interventions.

“We are pleased to see that the Scottish Government are prepared to work with existing regulators, and we commit to engage fully and constructively with the process.”

ENDS

Notes to Editors

The consultation is expansive, and includes:

• Banning alcohol adverts in print media – newspapers and magazines
• A ban on sports sponsorship in Scotland, which would also include bans on players and staff featuring in alcohol adverts in print and online.
• A ban on alcohol events sponsorship.
• A total ban on outdoor alcohol advertising including on vehicles and in public places
• Restrictions on the retail of display of alcohol
• Ban the sales of alcohol-branded merchandise in Scotland,
• Extending any marketing restrictions to low and no alcohol alternatives which share branding with drinks over 1.2% ABV.
• Restricting the content of alcohol advertising to only factual statements – citing the law in Estonia.

Reviews are also being carried out on areas outside of the regulatory competence of the Scottish Government. This includes:

• Banning alcohol-related social media channels and websites in Scotland
• Banning or introducing a watershed for alcohol advertising on TV and radio

Key statistics

• When reviewing the impact of advertising it is worth considering that “the top 10 most loved drinks brands among 18-24 year olds are all soft drinks”. This consumer insight is based on the opinions of over 96,000 UK adults aged 18-74 across 350 soft and alcoholic drinks brands, collected through BrandVue Drinks – Savanta’s market intelligence platform 2022 – the largest and most comprehensive brand tracking engine in the market.
• 77% of adults in Scotland either do not drink or drink within the weekly recommended lower risk guidelines of 14 units – up from 72% a decade ago in 2011. (Scottish Health Survey, November 2022)
• Similarly, the average weekly unit intake across drinkers has fallen from 13.1 units in 2011 to a record low of 11.3 units a week. (Scottish Health Survey, November 2022)
• Those drinking above the recommended guidelines has fallen from 28% in 2011 to 23% in 2021. (Scottish Health Survey, November 2022)
• This fall has been most pronounced amongst young adults (16-24 year olds), with those drinking at higher rates falling from 32% in 2011 to 14% in 2021. (Scottish Health Survey, November 2022)
• In Scotland, the proportion of 13-15-year olds who drank in the last week has been in overall decline over the past 15 years, falling from 31.5% in 2004 to 13.25% in 2018. (Scottish Government, November 2019)

MixPixie agrees to discontinue Prescription Gin and work with the Portman Group’s Advisory Service to design a new label, after a complaint against the product was upheld by the Independent Complaints Panel (Panel). A copy of the full decision is available here.

The complaint was made by a member of the public and was upheld on two counts, namely for encouraging irresponsible, and immoderate consumption and suggesting the product had therapeutic qualities.

The Panel noted that the bottle was designed to look like prescription medicine, in that the shape of the bottle, the name ‘prescription gin’ and the green cross displayed on the front of the bottle was an exact replica of a pharmacy cross in the UK.

The Panel also discussed concerns regarding text on the product which stated “Take ONE swig before each exam. GOOD LUCK!”. The Panel considered that this encouraged the consumer to drink before an exam, which could have serious consequences on both the individual and people around them.

Furthermore, the Panel stated it was irresponsible to imply that an alcoholic drink was something to be prescribed or suggest that it could make an individual feel ‘better’. The Panel also noted that the front label included the warning ‘possible side effects’ one of which was ‘giddiness’. The Panel noted this implied that a certain level of alcohol would have been consumed. The Panel therefore concluded that the product encouraged irresponsible and immoderate consumption of alcohol and breached Code rule 3.2(f).

Additionally, the product implied a link between consumption and curing physical and mental ailments. On the front of the bottle it stated, “POSSIBLE SIDE EFFECTS: MAY INCLUDE EXTREME RELAXATION, GIDDINESS AND HAPPINESS.” The Panel therefore concluded there was a clear suggestion the product had therapeutic qualities and breached Code rule 3.2(j).

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “It is wholly irresponsible to present an alcoholic drink as prescription medication and suggest that consumption of it can cure mental and physical ailments. In this case, the product also created a link to irresponsible and immoderate consumption which was particularly concerning when the product was encouraging consumption based on health grounds. Caution must be exercised with tongue in cheek marketing so that it does not breach the Code”.

The complaint was not upheld against three other Code rules that: the alcoholic nature of a drink should be communicated on its packaging with absolute clarity – 3.1; a drink should not suggest any association with bravado, violent, aggressive, dangerous, anti-social or illegal behaviour – 3.2(b); and should not have a particular appeal to under-18s – 3.2(h). The Panel noted:

• The bottle referenced gin six times and the label clearly stated the alcoholic strength of the product (3.1 – nature of alcoholic drink);
• There was no evidence the product had an association with dangerous behaviour (3.2(b) – dangerous behaviour);
• Given the product had sparkles in the gin, it could appear toy-like and therefore warranted further discussion under this Code rule. However, the Panel noted that neither the sparkles nor the overall appearance of the bottle possessed a particular appeal to under-18s as the sparkles were not the dominant feature of the product, nor did the product have childish imagery, sweet flavours, contrast colours or childish font, and therefore did not breach Code rule (3.2(h) – particular appeal to under-18s).

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For more information contact:

Joseph Meaden

Mobile: 07730 525 971

Responding to SHAAP’s report on alcohol sponsorship of football, Matt Lambert, CEO of the Portman Group, the alcohol social responsibility body and marketing regulator, said:

“SHAAP’s report shows that out of the 7,807 main sponsors identified, only 6.4% are alcohol-related in Scotland and 5.5% in England. It is not surprising that alcohol companies seek to sponsor the food and drink outlets in stadiums, which is why we assume that the report identified 72.5% of football teams having at least one alcohol-related sponsor/partner. This is to encourage consumers to choose their brand, rather than seeking to expand a market.

“The Portman Group has regulated alcohol marketing since 2003. We have a Code that ensures children are protected from alcohol marketing at sports, music and cultural events and that marketing is appropriate. This is an approach that we know works, with many producers using their brands to showcase responsibility messages at major events.

“Equally, there is a wider value in alcohol advertising and sponsorship funding for communities, business, and sports. We know that there has been an increase in advertising spend over the past decade in Scotland, while at the same time there has been a considerable fall in alcohol related harms and especially children’s drinking.”

Sources: Analysis of alcohol advertising and sponsorship marketing spend, alcohol consumption, and alcohol specific harms, Credos, August 2022; Scottish Government, November 2019

The Portman Group

The Portman Group is the social responsibility body and self-regulator for alcohol labelling, packaging and promotion in the UK. Our Naming and Packaging Code has over 130 Code Signatories who have signed up to support the Code from producers, retailers and membership bodies and it is funded by fourteen industry leading member companies. As the alcohol industry watchdog, we regulate the promotion and packaging of alcohol through a respected Code of Practice. The Portman Group also operates the first ever UK-wide Alcohol Sponsorship Code.

The Independent Complaints Panel

The Portman Group operates an open and accessible complaints system allowing anyone to make a complaint against any product, promotion or alcohol sponsorship that they consider is in breach of the Codes of Practice. It is not the role of the Portman Group to decide whether a product/promotion/sponsorship agreement is in breach of the Codes. All complaints are considered by an Independent Complaints Panel (Panel), currently chaired by Nicola Williams.

Members of the Panel represent a diverse range of backgrounds and experience in order to provide perspectives across society. The Panel’s role is to weigh up the arguments put forward by the complainant and the drinks producer; to evaluate these against the rules of the Code; and to decide whether the Code rules have been breached. All Panel decisions are published and effective sanctions are in place to ensure that these decisions are enforced. The Panel is a company limited by guarantee.

Positions vacant

We are seeking two new Panel members to replace two members whose terms of appointment will be coming to end.

In order to keep a balance of expertise and experience, we are particularly interested in applicants with alcohol industry experience; an applicant who is or was directly employed by alcoholic drinks producer or has sound knowledge of the UK alcohol self-regulatory marketing framework.

Panel members are 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 we welcome applications from anyone who believes they would enjoy the role, there is no required level of experience, and we encourage applications from anyone over the age of 18 who meets the above criteria.

Restrictions

No Panel member or their immediate family may be employed by The Portman Group, any of its full member companies or Drinkaware.

Commitment required

The Independent Complaints Panel meets a minimum of six times per year.  These posts will be active from 1 March 2023. The relevant meetings dates for 2023 are:

16 March

11 May

6 July

28 September

30 November

The meetings usually take place in central London (typically London Victoria) subject to any Covid restrictions that may apply.  Meetings usually fall on a Thursday and run from 12:30 – 15:30. A sandwich lunch is provided. Prior permission for absenteeism from Panel meetings must be gained from the Chair.

As a member of the Independent Complaints Panel, you agree to be a Director of the limited company; and, your directorship will be notified to Companies House.

You also agree to sign a non-disclosure agreement meaning that any information the Portman Group shares with you is confidential and you agree not to disclose or share this information with anyone else without first gaining permission from either the Portman Group or the Panel Chair.

Duration of term

The successful candidate will be appointed to serve a three or two-year term depending on the needs of the Panel.  Panel members may be re-appointed for an additional term at the discretion of the Chair. No Panel member shall serve more than six years in total.

Training

There is initial induction training for new Panel members.

Remuneration

Panel members are paid an honorarium of £4000 per annum plus the reimbursement of reasonable expenses.

Diversity

Panel membership represents a diversity of background and experience.  We welcome candidates of any gender, race, religion and people with disabilities and those who live or work in England, Scotland, Wales or Northern Ireland.  Indeed, we welcome all candidates who are aged 18 and over and are able to devote the necessary time to the work.

Power of appointment

Appointments to the Panel are made by the Chair and the Portman Group following an open recruitment process.  In choosing Panel members, the Chair aims to achieve a complement of skills and background.    All members of the Panel are different and bring differing experience, knowledge and abilities.

The decision on appointments is final and no correspondence will be entered into once the decision is made.

Role Requirements

• Analytical skills and judgement

Candidates should be able to demonstrate experience in analysing arguments and exercising sound judgement.

• Communication and listening skills

Candidates should be able to put a case persuasively in a small meeting, while taking on board the perspective of others.

• Awareness of alcohol issues

Candidates should be able to demonstrate reasonable awareness and understanding of current issues of concern about alcohol.

• Balanced viewpoint

Candidates should have a balanced view of alcohol’s role in society and should not have any strong leaning or vested interest that might be perceived to prejudice their decision-making.

• Independent thinking

Candidates should be genuinely independent and objective in their thought and approach.

How to apply

Candidates should enclose a CV along with a covering letter explaining clearly how they meet the requirements of this role (above) and send this by e-mail to people@portmangroup.org.uk.

Applications without a cover letter will not be considered.

Applications must be received by Friday 2 December by 5pm.

Interviews with shortlisted candidates will be scheduled for 16, 18, 20 January 2023.

Further Information – The Portman Group’s Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks

The Portman Group’s Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks has been in operation since 1996. The sixth edition of the Code came into effect on 23 September 2019 following a wide-ranging review and extensive consultation period.

The Portman Group is one of three regulatory bodies that control the standards of alcohol marketing in the UK.  These three bodies effectively cover all alcohol marketing. The Code applies to the naming, packaging, marketing and promotional activity undertaken by a drinks producer for an alcoholic drink which is marketed for sale and consumption in the UK, and is not already subject to regulation through the ASA or Ofcom. This ensures consistent and seamless self-regulation across alcohol marketing.

The alcoholic drinks industry is committed to promoting its products in a socially responsible manner, only to those aged 18 and over and in a way that does not appeal particularly to those who are vulnerable.  The Portman Group has more than 160 Code signatories including producers, retailers and membership bodies. The Group is funded by seventeen member companies: Asahi UK Ltd; Aston Manor Cider; Bacardi; Brown-Forman; Budweiser Brewing Group UK&I; Campari; C&C Group; Diageo GB; Edrington UK, Heineken UK; Mark Anthony Brands International; Mast-Jäegermeister UK; Molson Coors Beverage Company; Pernod Ricard UK, SHS Drinks Thatchers Cider and Treasury Wine Estates.

The Code prohibits the marketing of alcoholic drinks to under-18s; the alcohol content of a drink must be communicated with absolute clarity; a product’s higher alcoholic strength must not be given undue emphasis; products must not encourage irresponsible or immoderate consumption; products must not encourage rapid or down-in-one drinking; there must be no association with illegal drugs, bravado, aggression or anti-social or illegal behaviour; products must not suggest any association with sexual activity or sexual success; products must not cause serious or widespread offence.

The Portman Group’s Code of Practice Alcohol Sponsorship

In January 2014, The Portman Group launched the first ever UK-wide Sponsorship Code which commits producers to promote responsible drinking and/or support diversionary activities as part of their sponsorship agreement. This can be in the form of bar staff training and investment in grassroots sport.

The Portman Group’s Independent Complaints Panel (Panel) is seeking two new members to help consider complaints brought forward on the naming, packaging, promotion and sponsorship of alcoholic drinks in the UK.

The Portman Group operates an open and accessible complaints system allowing anyone to make a complaint against any product, promotion or alcohol sponsorship that they consider is in breach of the Codes of Practice. All complaints are considered by the Panel, currently chaired by Nicola Williams, and the Portman Group serves as the secretariat to the Panel. Since the Code was first published, over 170 products have been amended or removed from the market.

Panel membership consists of two terms across six years, and vacancies will replace two members whose terms of appointment will be coming to an end.

Members of the Panel represent a diverse range of backgrounds and experience in order to provide perspectives across society. The Panel’s role is to consider the concerns raised by the complainant and the response by the drink’s producer; to evaluate the marketing or sponsorship against the rules of the Codes; and to decide whether a breach has occurred. All Panel decisions are published and effective sanctions are in place to ensure that these decisions are enforced. All recent decisions can be found here.

In order to keep a balance of expertise and experience, the Panel is particularly interested in applicants with alcohol industry experience; an applicant who is or was directly employed by an alcoholic drinks producer or has sound knowledge of the UK alcohol self-regulatory marketing framework.

The Chair of the Independent Complaints Panel, Nicola Williams, said: “I am honoured to chair a panel of talented and committed individuals, all devoted to ensuring alcohol is marketed responsibly in the UK. We are now seeking two new members to join us in this task and are particularly interested in hearing from those who have alcohol industry experience.”

The Independent Complaints Panel meets a minimum of six times per year. These posts will be active from 1 March 2023. Panel members are paid an honorarium of £4000 per annum plus the reimbursement of reasonable expenses.

For the full details and to apply, please click here.

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In response to the release of the Alcohol-Specific Deaths, Northern Ireland report for 2021, Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator, said:

“Today’s figures show a continuation of the pandemic effect on alcohol-specific deaths among those who already drank higher levels of alcohol. Every life lost is a tragedy, and emphasises the need for targeted patient centred support for the small group of people who are drinking at the highest harm level.”

Complaints against 11 Dragon Soop products were not upheld by the alcohol industry’s Independent Complaints Panel (ICP). A copy of the full decisions are available here and here.

A complaint by the Northern Ireland Alcohol and Drugs Alliance (NIADA) was not upheld against 10 Dragon Soop products including: Dragon Soop Dark Fruit Punch, Dragon Soop Blue Raspberry, Dragon Soop Mango Pink Lemonade, Dragon Soop Passion Fruit & Orange, Dragon Soop Peach & Raspberry, Dragon Soop Red Kola, Dragon Soop Rhubarb & Custard, Dragon Soop Sour Apple, Dragon Soop Tropical Fruit Punch and Dragon Soop Apple & Blackcurrant.

NIADA also complained about Dragon Soop Wicked Watermelon, as well as a member of the public, who raised a concern around reports of the product being mistaken for an energy drink.

NIADA raised concerns about the aforementioned products citing the following Code rules:

• The alcoholic nature of a drink should be communicated with absolute clarity – 3.1;
• There must be no undue emphasis on the drink’s higher alcoholic strength, or intoxicating effect – 3.2(a);
• A drink should not suggest any association with bravado, violent, aggressive, dangerous, anti-social or illegal behaviour – 3.2(b);
• A drink should not encourage irresponsible or immoderate consumption – 3.2(f);
• Should not have a particular appeal to under-18s – 3.2(h);
• And a drink must not suggest any link with therapeutic qualities, mood altering or enhanced mental or physical capabilities – 3.2(j).

The Panel considered each of the rules in relation to the products. In terms of the rules, they noted:

• Every product repeated the 7.5% alcoholic strength by volume on its front, base and back, and all the products had a drink responsibly message and a link to the Drinkaware website (3.1 – nature of alcoholic drink)
• The communication of the products’ alcoholic strength had been conveyed in a factual and proportionate way and there was nothing on the cans that placed undue emphasis on the products’ higher alcoholic strength or intoxicating effect(3.2(a) – emphasis of higher alcoholic strength).
• The use of a dragon on all product artwork, along with the claw marks did not look aggressive and did not create an association with aggressive behaviour (3.2(b) – aggressive behaviour)
• There was nothing on any of the products that encouraged consumers to drink irresponsibly or immoderately (3.2 (f) – encouragement of immoderate, irresponsible, illegal consumption).
• None of the illustrations on the products were childlike and would be unlikely to have a particular appeal to under-18s. For Dragon Soop Wicked Watermelon it was also noted that the news article referenced by the member of the public involved a 22-year-old man, as opposed to an individual under-18, whose lunchbox had been packed by his mother and that she had packed a can of Dragon Soop Wicked Watermelon in it. The Panel noted that while the product may have a broad appeal, it did not have a particular appeal to under-18s. (3.2(h) – particular appeal to under-18s).
• The caffeine content of the products was clearly stated and there was no indication the products were linked to potential therapeutic qualities, mood or behaviour changing capabilities or benefits (3.2(j) – link with therapeutic qualities).

For all these reasons, and as fully detailed in the decisions, the Panel concluded that Dragon Soop Dark Fruit Punch, Dragon Soop Blue Raspberry, Dragon Soop Mango Pink Lemonade,  Dragon Soop Passion Fruit & Orange, Dragon Soop Peach & Raspberry, Dragon Soop Red Kola, Dragon Soop Rhubarb & Custard, Dragon Soop Sour Apple, Dragon Soop Tropical Fruit Punch, Dragon Soop Apple & Blackcurrant and Dragon Soop Wicked Watermelon did not breach the Code rules in question or any other part of the Code.

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “When alcohol is combined with supplements such as caffeine it is incumbent on producers to ensure that consumers understand what they are drinking and there isn’t a suggestion that these additions are enhancements. It is important that references on packaging are factual and the Panel were satisfied that these Dragon Soop products adhered to the Code.”

To help producers of caffeinated alcohol beverages ensure their marketing is on the right side of the Code, the Advisory Service has pulled together its top tips in its latest blog here.

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