A complaint against Hooch Lemon’s 1995 Limited Edition Can has not been upheld by the alcohol industry’s Independent Complaints Panel (ICP), the full decision can be read here.
The complaint, which was self-referred by the producer, Global Brands, asked the Panel to review the limited-edition version of Hooch Lemon under Code rule 3.2(h) which ensures a product cannot have a particular appeal to under-18s. In a first for the regulator, Global Brands self-referred the complaint to the Panel, in agreement with the Portman Group, when concerns were raised on the basis of a 1996 upheld decision by the Portman Group under the First Edition of the Code.
The producer planned to release the limited-edition can that emulated the original 1995 design which featured a cartoon lemon. The company explained that the design was a special 30th Anniversary edition and that slight changes had been made, especially to the prominent character on the product, the Lemon Man, to comply with the Code. The company also argued that consumer attitudes and regulatory standards had evolved over the years to the point where the packaging would not have a particular appeal to under-18s today.
Whilst the Panel would not normally revisit previous decisions, it was agreed that an exception could be made as the 1996 ruling was made by the Portman Group executive in the few months before the Independent Complaints Panel was set up in January 1997.
While the Panel was mindful that an upheld decision had been made in 1996, this had been based on the lemon’s similarity to motifs popular in the ‘90s and therefore resonated with under-18s at the time. The Panel noted that in the 30 years that had passed since, contemporary marketing styles, societal standards and more developed regulatory guidance had evolved, changing what particularly appealed to children today.
After consideration, the Panel considered that while the packaging did incorporate a personified lemon, it did not feature characteristics that would have a particular appeal to under-18s. In addition to this, the Panel concluded that the mature straight-lined fonts, limited use of colour and clear nostalgic appeal to adults meant that the packaging did not have a particular appeal to under-18s. Accordingly, the complaint was not upheld under Code rule 3.2(h).
Chair of the Independent Complaints Panel, Rachel Childs said: “This was a unique case and there was a good argument for the Panel revisiting this issue, given the exceptional circumstances of the previous ruling. After nearly 30 years of Panel decisions, developed regulatory guidance and inevitable changes in consumer attitudes, as well as the changes that were made to the design of the product in question, it was determined that the packaging did not have a particular appeal to under-18s today. It is important to note that this unique set of circumstances does not apply to other decisions made by the Panel but I was pleased to see that, when an anomaly was discovered, the producer voluntarily pursued a responsible resolution in agreement with the Portman Group.”
Matt Bulcroft, Marketing Director Global Brands Ltd said: “We are grateful to have had the opportunity to work alongside the Portman Group throughout this process. As a responsible drinks producer, we value the important role they play in upholding high standards across the industry, and ensuring consumers can have confidence in the brands they buy from, which is why we made the decision to self-refer to the Panel.
“We welcome their careful review of Hooch’s fun and nostalgic lemon character, and are pleased with the outcome of the ruling, which has allowed our original Hooch fans to relive their memories from when it first landed on shelves 30 years ago.
“Our commitment to producing and promoting our drinks responsibly remains central to Global Brands, and we appreciate the Portman Group’s continued partnership in supporting best practice across the sector.”