A complaint against a promotional activity featuring an ice-cream van distributing different flavours of ’99 liqueurs’ has been upheld by the alcohol industry’s Independent Complaints Panel (Panel). The full decision can be found here.
The complainant was also concerned that the packaging of the 99 liqueur shots had a particular appeal to under-18s, however this was not upheld. The full decisions can be read here.
The Panel considered the promotional activity and the product’s packaging separately under Code rule 3.2(h), which states that a drink, its packaging and any promotional activity should not have a particular appeal to under-18s.
The vehicle was designed to look like a traditional ice-cream van serving ice-cream infused with a ‘99 liqueur shot’.
The Panel considered that whilst the promotional activity took place at sites in Birmingham that were part of a university campus, this was still visible to members of the public in Birmingham city centre including under-18s. Therefore, the Panel reminded producers that age gating a promotional activity did not mean that it would not have the capacity to appeal to children who could see it, even if they could not participate.
The Panel noted the general appearance of the van including the primary colour, yellow, the use of the term ‘99’ on all sides, the large novelty ice-cream, contrasting colours, visual menu panel, sticker-style artwork and text and images with thick, bold keylines. The Panel considered that these elements could all enhance the appeal that the activity would have to under-18s who would find primary colours, contrasting colours, bold key lines and sticker-like images enticing. The Panel stated that while ice-cream in broad terms would have appeal to all ages, an ice-cream van remained a popular staple of current childhood. Taking all this into account, the Panel found that the promotional activity would have a particular appeal to under-18s and the complaint was upheld.
The Panel also considered the complaint against the six flavour variants of ‘99 liqueur’. The Panel assessed the labels individually and noted that the packaging itself made no reference to ice‑cream. They also observed that the miniature 50ml bottle format was commonly associated with alcoholic drinks. While the packaging of each variant did have a fruit flavour, a simple illustration of fruit, some black key lines and colourful text which would have a level of appeal to children, the Panel concluded that the overall impression conveyed did not create a particular appeal to under‑18s. Accordingly, the complaint was not upheld.
Chair of the Independent Complaints Panel, Rachel Childs, said: “Using nostalgic references in a promotional activity is not an automatic breach of the Code. However, producers must be cautious not to including anything which remains popular with children today. It is wholly inappropriate to link any alcoholic drink with childhood even in circumstances where age verification is in place. I would also remind producers that the inclusion of an ‘18+’ logo does not, on its own, counteract the particular appeal that a promotional activity, or packaging, can have as it is the overall impression conveyed which will determine compliance with the Code. The Panel welcomes the producer’s assurance that the ice-cream van promotional activity will not be used again.”