Company: Heineken UK Limited
Final Decision: 13 September 2018
Considered under 5th Edition of the Code.
‘Desperados, is being sold in 250ml cans, same size as energy drinks, this both appeals to under 18 as cost is smaller and size is same as drinks for under 18s. The smaller size also appeals as a down in one or preloading drink.’
Member of the public
Under Code paragraph 3.2(g)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way urge the consumer to drink rapidly or to ‘down’ a product in one
Under Code paragraph 3.2(h)
A drink, its packaging and any promotional material should not in any direct or indirect way have a particular appeal to under-18s.
The company’s submission
The company explained that the brand design used on the Desperados 250ml can packaging was consistent across the Desperados range; and, that it was designed to appeal to a mature audience. The company emphasised that it did not believe a 250ml volume can inherently appealed to an under-18 audience; and explained the size was chosen to offer consumers the opportunity to try the unique flavour profile of the product in a smaller volume.
Furthermore, the company refuted the complainant’s view that the 250ml can size encouraged a consumer to ‘down the product in one’ and highlighted that the product included a prominent responsible drinking message on the back of the can and did not include any other language to suggest that the product should be consumed rapidly.
The company stressed that it was an industry leader in responsible drinking promotion and have committed to ongoing responsible drinking campaigns; this was a testament to the seriousness with which they took their obligation as a producer.
The company finished by explaining that due to low demand the 250ml can had been delisted from the brand portfolio as of March 2018.
The Panel’s assessment
The Panel began by acknowledging that the Desperado 250ml Can had been delisted but confirmed that as it was currently available to purchase within the UK the complaint would be considered.
The Panel considered the complainant’s view that the size of the container appealed to under 18’s because it was the same size as an energy drink can, which the complainant felt appealed to under-18s. They noted that the 250ml can size did not have a traditional association with soft drinks, and the size of the can alone did not necessarily lead the product to be problematic under the Code. The Panel considered the other elements of the can’s design and noted that the colour palette, although it contained bright and contrasting colours, had a mature theme. The Panel considered that them language used provided clarity around its alcoholic content and noted that the font style used on both the front and back of the can was adult in nature. The Panel concluded that the overall impression conveyed by the product was consistent with other ready-to-drink alcohol mixes and did not feel that any aspect of Desperados 250ml had particular appeal to under 18’s. Accordingly, the Panel did not find the product in breach of Code rule 3.2(h).
The Panel next considered the product under Code rule 3.2(g). The Panel noted that the front of the can contained language describing the ingredients such as ‘beer’ and ‘tequila’ and the back of the can contained a ‘drink responsibly message’. The Panel were clear that a smaller ‘one serve’ container was different to encouraging a ‘rapid or down in one’ message. The Panel noted that companies would seek to be innovative in packaging design to offer consumers a choice in serving size. The Panel concluded that after examining the can, there was nothing to directly or indirectly promote rapid consumption of the content. Accordingly, the Panel did not find the product in breach of Code rule 3.2(g).
Action by the Company
No further action required.