Company: The Vodka Jelly Products Company
Breach: Yes
Final Decision: 10 July 2001
Considered under the 2nd Edition of the Code.
Complaint summary
“The alcohol content does not appear to be clear. The advert on the website suggests getting ‘high’ on this product. The advert associates the product with energy drinks.”
Complainant
Alcohol Focus Scotland
Decision
Under Code paragraph 3.1(a)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way suggest any confusion as to the alcoholic nature and strength of the product, but should clearly communicate the alcoholic nature of the product and its strength to the purchaser or consumer.
UPHELD
Under Code paragraph 3.1(g)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way encourage purchase by or sale to under 18s.
UPHELD
Under Code paragraph 3.1(h)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way be more likely to appeal to under 18s than adults.
UPHELD
Under Code paragraph 3.1(i)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way suggest that the product can enhance mental or physical capabilities.
UPHELD
Under Code paragraph 3.3
A pre-packaged alcoholic drink/mixer combination must not use, or imply any association with, any name, brand name or product description predominantly associated with under 18s; in particular, words such as lemonade and cola shall be used with the utmost care to avoid any possible confusion with drinks popular with under 18s.
UPHELD
The Panel’s assessment
The Panel did not consider that the alcoholic nature or content of the product was clearly communicated. The Panel noted that the word “vodka” appeared on the label but found the lettering insufficiently prominent to communicate clearly the alcoholic nature of the product. Furthermore, the Panel considered that the statement of alcoholic strength was not prominent in terms of field of vision or size of lettering. The Panel noted, moreover, that the company accepted the complainant’s allegation that the product’s labelling did not give enough emphasis to the alcoholic nature or content of the product.
Hence, the Panel upheld the complaint under paragraph 3.1(a) of the Code.
The Panel considered that the bright colours and the style of lettering used on the packaging meant that the product was more likely to appeal to under 18s than to adults.
Hence, the Panel upheld the complaint under paragraph 3.1(h) of the Code.
The Panel found that the product encouraged underage purchase and sale for the same reasons that it considered that the product appealed more to under 18s than to adults.
Hence, the Panel upheld the complaint under paragraph 3.1(g) of the Code.
The Panel found that, in this instance, the word “jelly” was not used with sufficient care to distinguish the product from the food product “jelly” which the Panel considered is predominantly associated with children rather than adults.
Hence, the Panel upheld the complaint under paragraph 3.3 of the Code.
The Panel considered that, given that the packaging of the product stated that it contained the stimulant guarana, the word “boost” in conjunction with the image of a bull’s eye and the word “shot” implied that the product could enhance mental or physical capabilities.
Hence, the Panel upheld the complaint under paragraph 3.1(i) of the Code.
Finally, the Panel pointed out that it considered each case separately and on its own merits
Action by company
The company has informed The Portman Group that the product is no longer available in its present packaging and has undertaken to consult the Pre-Launch Advisory Service if it is re-launched.