Company: Bass Brewers Ltd.
Final Decision: 16 July 1997
Considered under the 1st Edition of the Code.
‘The imagery used to promote this drink is very much in a style likely to appeal to under 18s rather than adults. There is a blatant suggestion of sexual prowess or success in the title and on the packaging.”
Health Education Authority
Under Code paragraph 2.1(f)
Brand names and product descriptors should not suggest sexual success or prowess.
Under Code paragraph 3(8)
Packaging and point of sale materials should not predominantly appeal to under 18s.
The Panel noted the following dictionary definitions of ‘SMOOCH‘: “kissing and cuddling, standing up and dressed‘, period of slow dancing close together; a spell of kissing and caressing, a kiss‘; lof two people) to kiss and cuddle; to dance very slowly and amorously with one‘s arms around another person; the act of smooching; a piece of music played for dancing to slowly and amorously?”.
The Panel, taking account of the submission of 16 June 1997 of the Company, considered that the word ‘Smooch‘ has amorous rather than sexual connotations and is a word well understood by all age groups which is not more likely to appeal to under 18s than adults in contravention of paragraph 2.1(c) of the Code. The name and product descriptor stop short of allusions to sexual intercourse. In view of that the Panel found that they were not in breach of paragraph 2.1(f).
The Panel considered that it is far fetched to suggest that the lips motif predominantly appealed to under 18s in contravention of paragraph 3(8).
The Panel therefore did not uphold the complaint.
Action by company
No action required.