Company: Lost and Grounded Brewers Ltd
Breach: Yes
Final Decision: 30 September 1997
Considered under the 1st Edition of the Code.
Complaint summary
‘The name of this product suggests an association with aggressive and anti–social behaviour. The container is in the shape of a test tube, thus encouraging the drink to be consumed quickly. Once opened, the product cannot be set down between sips. The imagery is more likely to appeal to under 18s than adults.”
Complainant
Health Education Authority
Decision
Under Code paragraph 2.1(e)
Brand names and product descriptors should not suggest an association with violent, aggressive, dangerous or anti-social imagery or behaviour.
NOT UPHELD
Under Code paragraph 3(8)
Packaging and point of sale materials should not predominantly appeal to under 18s.
UPHELD
Naming:
The Panel considered whether the name Jealous Lover Potions had an association with aggressive, violent or anti–social behaviour, contrary to Paragraph 2.1(e) of the Code.
On balance, the Panel‘s view was that the name by itself did not suggest such an association.
Packaging:
However, the Panel was of the view that the packaging and point of sales materials, especially looked at in conjunction with the name, contravenes Paragraph 3.8 of the Code which requires that they should not predominantly appeal to under 18s.
The Panel further considered that the unusual and gimmicky nature of the packaging made it particularly likely to appeal to under 18s.
An element of the complaint was that the shape of the container is an inducement to excessive consumption because it cannot be set down between sips. However, even assuming that to be the case, it did not constitute a contravention of the first edition of the Code.
The Panel was pleased to note that the product had not been in production for some two years and that the Company has no plans to reintroduce it.
Action by company
The Panel noted the letter dated 14th July 1997 from the Company stating that the product had not been produced for about two years and that the Company had no plans to reintroduce it.