Earlier this year, UK alcohol regulator, the Portman Group, commissioned a proactive independent audit, carried out by Zenith Global, to measure responsible marketing across the alcoholic drinks market.
Accordingly, Zenith Global, brought complaints against a small number of products from a selection of 500 alcoholic drinks in the UK market, which were assessed against the Portman Group’s Code of Practice on Naming, Packaging and Promotion of Alcoholic Drinks.
The most recent complaints considered by the Independent Complaints Panel (the Panel) were against Sazerac’s Burst Blue Raspberry, Brewdog’s Lucky Break and Beavertown’s Lupuloid. Following careful consideration, the three complaints were not upheld, the full decisions can be read here.
All three of the cases were considered under Code Rule 3.2(h) which states that a product cannot have a particular appeal to under-18s.
The auditor raised concerns that Burst Blue Raspberry resembled a soft drink by using bright colours and a flavour that could appeal to under-18’s. The Panel noted that although the colour and flavour were fairly common in confectionary items which were popular with children, it was also well-established in adult targeted products including alcohol. In addition to this, the label clearly stated the alcoholic nature of the drink and did not use any font or imagery which might have a particular appeal to under-18s. Taking all these aspects into account, the complaint was not upheld.
The complaint against Brewdog’s Lucky Break highlighted that it featured an image of a Japanese lucky cat, often associated with cartoons and pop culture, which combined with bold colours could appeal to those under-18. After considering the packaging in its entirety, the Panel concluded that while the illustrated cat was the dominant theme on the front of the label, it was recognisable as an adult-orientated maneki-neko cat and had been depicted in a mature, adult-style. The Panel therefore concluded that the packaging did not have a particular appeal to under-18s and the complaint was not upheld.
Finally, the Panel considered Zenith Global’s complaint against Beavertown’s Lupuloid which it believed had a strong appeal to children as it featured a bright green monster and amusing product name. The Panel considered that while the overall impression was close to the line of acceptability, the complex art style was detailed and sophisticated in nature. In addition to this, there were no distinguishable or cute characters which ensured the product conveyed an abstract style of design targeted at adults. On this basis, the Panel concluded that the packaging did not have a particular appeal to under-18s and did not uphold the complaint.
Chair of the Independent Complaints Panel, Rachel Childs, said: “All three of these decisions show how creative and innovative marketing can exist while remaining compliant under the Code. While some can be close to the line of acceptability, all three producers had considered Portman Group guidance and the products were found not to have a particular appeal to under-18s”.