Company: Pioneer International
Breach: Yes
Final Decision: 24 June 2005
Considered under the 3rd Edition of the Code.
Complaint summary
“We would like to complain about the test tube drinks known as Hot Shotz:
- the alcoholic nature should be communicated with absolute clarity. We do not believe this is the case;
- the promotional material for ‘Absinthe’ has a dominant theme promoting an intoxicating effect;
- the whole theme alludes to sexual success: ‘Love Juice’, ‘G Spot’, ‘Sixty Niner’, ‘Horny Devil’, ‘Double Vision’, ‘Sex on the Beach’, ‘Stiff One’, ‘Threesome’, ‘4 Play’, ‘Sticky Lips and ‘Multiple Orgasm’;
- (should not) encourage illegal, irresponsible or immoderate consumption (3.2f) – clearly the promotional material for the 50% ‘Absinthe’ product alludes to this;
- the product does have an appeal to under 18s;
- the promotional material shows images of people who look under twenty-five.”
Complainant
Shooters UK (Ltd)
Decision
Under Code paragraph 3.1
The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.
UPHELD
Under Code paragraph 3.2(a)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way have the alcoholic strength, relatively high alcohol content, or the intoxicating effect, as a dominant theme.
NOT UPHELD
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.
UPHELD
Under Code paragraph 3.2(f)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way encourage illegal, irresponsible or immoderate consumption, such as binge-drinking, drunkenness or drink-driving.
UPHELD
Under Code paragraph 3.2(g)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18s.
UPHELD
Under Code paragraph 3.2(h)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way incorporate images of people who are, or look as if they are, under twenty-five years of age, unless there is no suggestion that they have just consumed, are consuming or are about to consumer alcohol.
NOT UPHELD
The Panel’s assessment
The Panel first considered whether the alcoholic nature of the products was communicated on their packaging with absolute clarity. It noted the producers’ assertion that the font size and prominence of the ‘alcohol by volume’ (abv) information was in line with industry standards and stated even more clearly on the point of sale material. The Panel also noted, however, that the Code did not contain set guidelines on the size and prominence of abv information because each product must be considered on its own merits. The Panel was satisfied that the alcoholic nature of the ‘Absinthe’ product was clearly conveyed by the ‘50%’ references at the top of the container. The Panel was concerned, however, that the size of the abv references on the labels of the ‘Hot Shotz’ range was too small to be read easily and that this could cause confusion about the alcoholic nature of the product given its unusual and gimmicky test tube packaging. The Panel concluded that the alcoholic nature of the ‘Hot Shotz’ range was not clearly communicated on its packaging, in breach of Code paragraph 3.1.
The Panel next considered whether the promotional material for ‘Absinthe’, featuring a devil character holding the product, and the phrases “These test tubes are made in HELL…”, “Don’t just drink it for the hell of it!” and “Be warned…it’s the devil’s work” had a dominant theme promoting an intoxicating effect. The Panel concluded that material did not have the intoxicating effect as a dominant theme and therefore did not breach Code paragraph 3.2(a).
The Panel then considered whether the flavour names in the ‘Hot Shotz’ range alluded to sexual success. It noted the producers’ argument that the themed phraseology used in their flavour names was replicated in the names of cocktails made in bars and nightclubs nationwide. The Panel appreciated the producers’ argument but reminded them that the scope of the Code did not extend to cocktails mixed in licensed premises. The Panel considered that in view of alcohol’s potential to impair judgement and affect behaviour, it was undesirable to link alcohol and sexual activity in a drink’s name because it might encourage and/or trivialise excessive consumption and potentially harmful attitudes and behaviour. It considered that Code paragraph 3.2(d) was designed to prevent such marketing approaches and concluded that the flavour names ‘Love Juice’, ‘G Spot’, ‘Sixty Niner’, ‘Horny Devil’, ‘Sex on the Beach’, ‘Stiff One’, ‘Threesome’, ‘4 Play’, ‘Sticky Lips and ‘Multiple Orgasm’ contained either a direct or an indirect association with sexual success in breach of this paragraph.
The Panel then considered the ‘Absinthe’ promotional material under Code paragraph 3.2(f). It concluded that the material would not encourage illegal, irresponsible or immoderate consumption and therefore was not in breach of Code paragraph 3.2(f). The Panel was concerned, however, that the ‘Hot Shotz’ variant ‘Double Vision’ could be seen as a reference to the effects of excessive consumption of alcohol and was likely to encourage irresponsible or immoderate consumption such as binge-drinking and drunkenness and was therefore in breach of paragraph 3.2(f).
The Panel next considered whether the products had a particular appeal to under 18s. The producers argued that the products were sold only in licensed premises and that cocktails were virtually without exception brightly coloured. The Panel noted that the products were sold in licensed on-trade premises and were not intended for sale through the off-trade but considered that once they had been sold to a third party the producers could not guarantee this. Furthermore, the Panel considered that even if the products were available only through the on-trade, they could still be seen by, and appeal to, under 18s. It concluded that the both the ‘Hot Shotz’ range and the ‘Absinthe’ product had a particular appeal to under 18s because of the unusual and gimmicky nature of the test tube packaging combined with the bright colours of the products which were visible through the transparent containers. It therefore found both the ‘Hot Shotz’ range and the ‘Absinthe’ product in breach of Code paragraph 3.2(g).
Finally, the Panel considered whether the promotional material showed images of people who looked under 25. It concluded that it did not and that the material was therefore not in breach of Code paragraph 3.2(h).