Producer:
Sánchez Romate
UK Importer:
E I Wines LTD
Complainant:
Zenith Global Commercial Ltd (as part of the independent proactive audit of the Naming and Packaging of Alcoholic Drinks Code, Sixth Edition Amended
Complaint:
“The image on the label features a young woman who looks like she could be under the age of 25”.
Decision:
Under Code Paragraph 3.2(i)
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 25 years of age, where there is any suggestion that they are drinking alcohol, or they are featured in a significant role. Images may be shown where people appear only in an incidental context.
NOT UPHELD
The company’s submission
The producer and UK importer submitted a joint response to the complaint.
The company explained that the drink was a premium fortified wine rooted in the rich heritage of sherry-making. The product was crafted for a discerning adult audience and appealed to consumers who valued traditional craftsmanship and complex flavours. The company explained that its marketing strategy was designed to engage responsible adult consumers and did not target or feature individuals under the age of 25.
The company asserted that Oloroso Encontrado complied with Code rule 3.2(i). The company highlighted that the packaging and promotional materials did not feature individuals under 25 or suggest underage consumption, focusing instead on heritage, quality and sophistication. The label, inspired by vintage designs from the early 20th century, emphasised the wine’s historical and artisanal character. The company positioned the product for consumers over 25 with a preference for premium wines and traditional Spanish winemaking and argued that the product did not incorporate imagery or themes appealing to younger demographics. The company stated that Oloroso Encontrado adhered to the Portman Group’s Code of Practice but expressed openness to constructive dialogue and willingness to provide further clarification if required.
The Panel’s assessment
The Panel considered whether the packaging incorporated an image of a person who was, or looked as if they were, under 25 years of age featured in a significant role as raised by the complainant. The Panel assessed the front label, which depicted a woman swinging from a ship’s mast wearing historical attire. The Panel noted that the spirit of Code rule 3.2(i) was intended to protect under-18s from being exposed to images in alcohol marketing of people with whom they might identify or aspire to be like and that this had been applied by the Panel in previous cases considered under the Code. With that in mind, the Panel considered the imagery in further detail and noted that it was difficult to determine the precise age of the character and that any assessment of age should take into account the overall appearance of the person. The Panel noted that the character had a full-figured body which suggested that she was an adult as opposed to a child. In addition to this, the Panel discussed that the woman was wearing lipstick and high heels which further suggested that she was an adult. The Panel considered that the imagery was stylised, with a sepia tone that meant the illustration appeared retro and invoked a nostalgic feeling which contributed to the impression that the woman was older in age. The Panel then considered the attire of the character alongside the nautical setting and noted that it was not typical of contemporary fashion or a hobby that would particularly resonate with children and therefore was not likely to inspire aspiration in those under the age of 18.
After careful consideration of the above points, the Panel concluded that the nostalgic, retro stylisation of the image and the woman’s presentation meant that the character did not appear to be under 25 years of age. Accordingly, the complaint was not upheld under 3.2(i).
Action by Company:
None required.