Producer:
Põhjala Brewing AS
Complainant:
Zenith Global Commercial Ltd (2025 Independent Proactive Audit of the Naming and Packaging of Alcoholic Drinks Code, Sixth Edition (Amended)
Complaint:
“Product is in a 330ml soft drinks can and the front design has minimal text with product name only. It is in only when the back of the can is read it’s clear it is alcoholic with very small wording for ‘Beer’ and the vol % slightly larger”.
Decision:
Under Code paragraph 3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity
UPHELD
The company’s submission
The company appreciated the opportunity to address the concerns about the packaging of the drink and explained that Heli Imperial Gose was a small-batch, barrel-aged specialty craft beer targeted at enthusiasts within the premium beer segment. It was distributed through specialty alcoholic product channels like bottle shops, bars, and curated online platforms and was not available in mainstream soft drink contexts or UK supermarkets. The company acknowledged concerns about the minimal text on the front of the can but emphasised that the back of the can clearly included the word ‘Beer’ and the product’s alcoholic strength by volume (8%). The company also highlighted that the can included all legally required alcohol labelling as per Estonian and EU regulations and met export compliance criteria. The company explained that in Estonia, all alcoholic beverages were required to be registered on the Estonian Alcohol Register which involved a review of packaging and labelling elements by national authorities to ensure compliance with local laws on alcohol visibility and responsible presentation. The company confirmed that Heli Imperial Gose had been reviewed and approved by the Estonian Alcohol Register, validating that the packaging clearly communicated its alcoholic nature under national standards.
The company explained that the front-facing design of the product was minimal, reflecting a common aesthetic in the craft beer segment, particularly for specialty or barrel-aged releases. The intention of which was to communicate a refined, artisanal product rather than resemble a soft drink. The company stated that the product’s alcoholic nature was clarified through several elements: the high ABV (8%), which was uncommon for soft drinks; the inclusion of “Imperial Gose” in the name, a recognised beer style; and the 330ml can format, which was typical for craft beer and did not suggest a soft drink in the market context. Furthermore, the label prominently displayed the drink’s alcoholic strength of 8% in large, legible text on the upper-left corner. Beneath this, the word ‘BEER’ was clearly written in multiple languages. Additionally, the term ‘Imperial Gose,’ as both the product name and a recognised beer style, appeared in the description, contributing to clear communication of the product’s alcoholic nature. The company reviewed the similar cases of Yonder Pink Lemonade, Blossom Hill Spritz and Hello Kitty Pinot Noir and stated that Heli Imperial Gose differed significantly in intent and execution. The company explained that the drink’s muted, artistic design and labelling targeted an adult audience and did not include imagery or language which would appeal to children or mimic soft drink branding. The company highlighted that only 72 cans of the product had been sent to the UK as part of a one-off small batch release for specialist outlets and it was not distributed through mainstream retail as it was intended for a niche audience of craft beer enthusiasts. The company articulated its commitment to responsible marketing and expressed willingness to make minor adjustments to the front-can design in future print runs to better clarify the product’s alcoholic nature, while preserving its brand identity and design integrity.
The Panel’s assessment
The Panel discussed whether the packaging communicated the drink’s alcoholic nature with absolute clarity as raised by the complainant. The Panel first assessed the packaging, which incorporated a minimalist stylised design of a predominantly black background superimposed with green shapes that stretched around the majority of the can. The Panel noted that the front label did not include any positive alcoholic cues such as the legal name of the drink, alcoholic drink descriptors or the alcoholic strength by volume (ABV) but did have the company name ‘Põhjala’ presented clearly in white text within a white outlined box. The Panel considered that a company name would not be considered a positive alcoholic cue because consumers might be unfamiliar with the fact that the company was an alcoholic drinks producer and therefore may not associate the drink with alcohol. Given that the front label of the drink did not contain any references to alcohol, the Panel considered that it was difficult to determine what type of drink it was, particularly as the artwork was abstract and did not relate to beer in any overt or obvious way. However, the Panel also noted that mandatory legal information was not required to be presented on the front label either by law or under the Code and therefore it was important to assess the label in its entirety to determine compliance under Code rule 3.1. The Panel considered the back label of the drink and noted that there were some
positive alcohol cues such as the drink’s ABV, the word ‘beer’ in a number of different languages and the pregnancy warning logo. However, the Panel noted there was no other best practice information such as unit content information, the Chief Medical Officer’s low risk drinking guidelines or responsibility messaging. The Panel noted that while these points were not required under the Code, they were positive alcohol cues that UK consumers would be familiar with on alcohol packaging and therefore would help the drink to communicate its alcoholic nature. The Panel discussed the font size on the back of the can which was particularly small and noted that it was particularly difficult to read white text which had been overlayed on an iridescent pattern. The Panel noted that the largest font on the product, after the company name, was ‘Heli Imperial Gose’ on the side of the product which appeared above text describing the tasting notes of ‘sloe berries and lemon thyme’. The Panel considered that ‘gose’ was not a particularly well-known beer descriptor and would not necessarily be understood as a reference to alcohol in and of itself. The Panel noted that this was also compounded by the fruit flavour descriptors directly underneath it which would be more understood as flavours associated with a soft drink. The Panel discussed the producer’s response that only 72 cans had been sent to the UK and were intended for a niche audience of craft beer enthusiasts. The Panel sought to remind producers that the remit of the Code and its application applied solely to the product packaging as opposed to an assessment of how a product was retailed. Whilst the Panel acknowledged that some products could have a limited distribution, all products and companies were treated equally under the Code for regulatory consistency and fairness. The Panel therefore carefully considered whether the drink’s packaging had the capacity to cause consumer confusion taking the above points into account. When assessing the overall impression conveyed by the drink’s packaging, the Panel concluded that the minimalist front label, which was absent of any alcohol descriptors, combined with the fruit flavour descriptors, comparatively minimal references to alcohol, the drink name ‘Heli Imperial Gose’ which was not a well-known reference to beer in the UK and the difficult to read small white text overlayed on an iridescent label meant that, on balance, the drink did not communicate its alcoholic nature with absolute clarity. Accordingly, the complaint was upheld under Code rule 3.1.
Action by Company:
Was limited edition.