Company: Intercontinental Brands (ICB) Ltd
Final Decision: 20 March 1998
Considered under the 2nd Edition of the Code.
“Clause 3.1(c)(f). The name of Risky Business’could be interpreted as being associated with both anti–social or dangerous behaviour and with the irresponsible use of alcohol”.
Under Code paragraph 3.1(c)
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 association with violent, aggressive, dangerous or anti-social behaviour.
Under Code paragraph 3.1(f)
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 illegal, irresponsible or immoderate consumption such as binge drinking, drunkenness or drink-driving.
The company’s submission
The company claims that the product, a rum punch, is particularly aimed at Afro–Caribbean customers and that the name was chosen, following consultation with persons from the Caribbean community, because of a link with a “well known landmark in Jamaica”.
The Panel’s assessment
The Panel noted the company‘s claim that it had aimed the product particularly at Afro–Caribbean consumers, and that the name was linked with a “well–known landmark in
Jamaica”. However, even if that were the case, the sale of the product was not limited to Afro–Caribbean consumers.
Nevertheless, in the Panel‘s view the expression frisky business‘ did not connote anti–social, dangerous or irresponsible behaviour or consumption in any context. Accordingly the Panel did not uphold the complaint under paragraphs 3.1(c) or (f) of the Code.
Action by company
No action required.