Company: Strelley Enterprises Ltd
Breach: Yes
Final Decision: 21 November 2003
Considered under the 3rd Edition of the Code.
Complaint summary
“…we feel that the alcoholic nature is not clear”
“…we also believe that the packaging should be opaque…and that the type style and font is too ‘kiddy’.”
Complainant
The Bad Jelly Company
Decision
Under Code paragraph 3.1
The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.
NOT UPHELD
Under Code paragraphs 3.2(g)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18s.
UPHELD
The Panel’s assessment
The Panel considered that the alcoholic nature of the drink was communicated clearly on its packaging. Hence, it did not find the product in breach of Code paragraph 3.1.
The Panel noted the producers’ arguments that the product was not sold in the off-trade and that the brand name, style and font used on the packaging was ‘Sixties’ in feel and had been designed specifically for the 18-30s market. It also noted that the packaging featured the phrases ‘Warning Keep Out of Reach of Children’ and ‘For Adults Only’.
The Panel noted that the product was not intended for sale through the off-trade but considered that once it had been sold to a third party the producers could not guarantee this. Furthermore, the Panel considered that even if the product were available only through the on-trade, it could still be seen by, and appeal to, under 18s. The Panel concluded that the product had a particular appeal to under 18s because of the combination of comic-book style lettering on the containers and the fact that the bright colours of the product were visible through the transparent containers. Hence the Panel found the product in breach of Code paragraph 3.2(g).
Action by company
The company agreed to make changes to the product’s packaging following the Panel’s decision.