Company: Wye Valley Brewery
Final Decision: 08 February 2008
Considered under the 3rd Edition of the Code.
“In my view the drawing of a young woman, whose dress is pulled back to reveal her thighs (whilst also hinting at a lack of undergarments) is sexually suggestive and contravenes both the spirit and letter of 3.2(d)”
Under Code paragraph 3.2(d)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with sexual success.
The company’s submission
The company said that the label image, featuring a drawing of a young woman, was intended to capture the spirit of fun and innocence of 1950’s rural Herefordshire. They believed the young woman was sitting down holding her knees in an innocent fashion and the complainant’s suggestion that she might not be wearing any underwear indicated that the complainant’s imagination had got the better of them.
The Panel’s assessment
The Panel considered that the woman’s pose and expression were mildly sexually provocative and that the image was therefore slightly saucy, in the style of a seaside postcard. It also considered that the name “Goodbody” had a mild sexual connotation. It noted, however, that the name also had relevance to the nature of the drink. It saw no reason to assume that the young woman was not wearing any underwear. Overall, it considered that because the image was only a drawing rather than a real person and the sexual connotations were so mild, the label did not suggest any association with sexual success. Accordingly, it did not find the product in breach of Code paragraph 3.2(d).
Action by company
No action required.