Company: Halewood International Ltd
Breach: No
Final Decision: 5 December 2008
Considered under the 4th Edition of the Code.
Complaint summary
“The word ‘loaded’ or ‘reloaded’ are terms used for drinking to excess or types of drug using methods.”
Complainant
PIPC (as part of their audit of compliance with the new Code).
Decision
Under Code paragraph 3.2(c)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with, acceptance of, or allusion to, illicit drugs.
NOT 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 drink-driving, binge-drinking or drunkenness.
NOT UPHELD
The company’s submission
The company said that the name of the product had changed from Red Square Energising to Red Square Reloaded eight years ago following a change in the Portman Group’s Code. Advice had been sought on the name at the time from the Portman Group’s Advisory Service. The company denied that the word “reloaded” carried connotations of drinking to excess or of illicit drugs. They submitted the details of both quantitative research among 18-24 year old consumers and lexicographical research which they had commissioned and the results of which supported their case. They furthermore cited various examples of the usage of the word “reloaded” obtained through internet searches and which differed significantly from the interpretation that had been put on the word by the complainant.
The Panel’s assessment
The Panel considered that the brand name was unlikely to be seen by consumers as referring to excessive drinking or illicit drug use. It accordingly did not uphold the complaint.
Action by company
No action required.