A complaint against Fortitude Spirit’s Cactus Jack’s alcoholic schnapps products has been upheld by the alcohol industry’s Independent Complaints Panel (ICP).
The complaint, from a member of the public, expressed concern about some of the product names, such as Fruit Salad Frenzy and Cola Kick, the cactus cartoon character and sweet flavours which could have a particular appeal to under-18s. The complainant was also concerned that the Red Cherry Rebel product suggested that “it’s cool to be badly behaved”.
The Panel considered the concerns raised by the complainant and the additional concerns raised by the Chair which resulted in all seven products being found in breach of the Code. Several Code rules were considered by the Panel with the majority being found in breach. You can find each decision, including the Code rules considered by the Panel, below:
Cactus Jack’s Red Cherry Rebel
Cactus Jack’s Electric Blue Raspberry
Cactus Jack’s Fruit Salad Frenzy
Cactus Jack’s Twisted Strawberry and Lime
Cactus Jack’s Wicked Green Apple
The Panel considered each product individually and carefully assessed them in the round. The Panel discussed the products’ use of cartoon imagery, bright colours and sweet flavours. They noted that these elements in isolation were not inherently problematic but that they could contribute to a breach of Code rule 3.2(h) (whereby a drink should not in any direct or indirect way have a particular appeal to under-18s). The Panel concluded that the overall impression conveyed by the cartoon-like cactus with exaggerated features, thick bold keylines, bright contrasting colours and sweet flavours, all combined in a way which meant the products did have a particular appeal to under-18s.
The Panel also considered the language on the products’ labels. Each product included the wording, ‘Turn it up…anything goes from here’, ‘Just add mates, music and a little chaos’, and ‘turn unplanned moments into legend’. The Panel discussed the three lines and noted that they all insinuated that something unexpected, disordered and unrestricted would happen due to consuming the product and that there was a clear inference that alcohol would play a key part in producing a ‘legendary evening’ with consumption of the product acting as the catalyst. The Panel stated that glorifying chaotic and unconstrained behaviour and linking such behaviour with alcohol consumption was unacceptable under the Code. Accordingly, all three lines were upheld under Code rule 3.2(f) (whereby a drink should not encourage irresponsible consumption). The line ‘turn unplanned moments into legend’ was also upheld under Code rule 3.2(e) (a drink should not suggest it can lead to social success) on the basis that it suggested that consumption could transform a moment into legend and alcohol was the catalyst for the success of the social occasion.
Similarly, each product was found to be in breach of Code rule 3.2(g) (a drink, should not urge the consumer to ‘down’ a product in one). The Panel concluded that the phrase ‘Shoot it straight was problematic as ‘shooting’ a drink usually referred to drinking it in one go. The Panel acknowledged the company’s response that it intended the phrase to communicate a serve suggestion but stated that the instruction ‘shoot it straight’ encouraged a style of consumption rather than communicating a serve measurement.
The Panel also considered the use of the flavour name ‘Red Cherry Rebel’ under Code rule 3.2(b) (whereby a drink should not suggest any association with anti-social or illegal behaviour). However, the Panel concluded that to be a ‘rebel’ or to ‘rebel’ against an action did not necessarily mean that rules or laws would be broken, or that such actions would result in anti-social behaviour. The complaint was therefore not upheld under this Code rule.
Chair of the Independent Complaints Panel, Rachel Childs said: “The use of language was especially important to consider in this case. Producers must exercise caution when using words or phrases that could, individually or in combination, encourage irresponsible consumption, down in one consumption or suggest a change in mood or behaviour. In addition, the overall impression of the design, the anthropomorphised cactus and sweet flavours created a particular appeal to under-18s. I would always encourage producers to contact the Portman Group’s Advisory Service and consult the detailed online Guidance when making changes to product packaging”
A spokesperson from Fortitude Spirits said: “Although disappointed, we are committed to complying with the Portman Group Code and will be working with the Portman Group Advisory Team to amend the design whilst retaining the essence of the Cactus Jack character”