One of the earliest recorded instances of using sexual imagery to sell goods took place in 1871 and since then the marketing adage ‘sex sells’ has been used to justify many risqué promotions. However, when it comes to alcohol marketing the Code of Practice is clear that there should be no association with sexual activity or sexual success. Here at the Advisory Service, we have recently updated our guidance on sexual activity and sexual success to help producers ensure that their marketing is socially responsible.
Guidance has recently been updated due to an increase in advice requests relating to sex toys and related paraphernalia. The UK sexual wellness market is valued at over one billion pounds, suggesting a broad consumer acceptance. Producers often ask why, if alcohol products are marketed to over-18s and messaging is communicated through adult and consensual themes, should an association with sex toys be considered taboo? The answer is that the Code rule is clear in its wording that there should be no association with sexual activity or sexual success. Alcohol can lower a person’s inhibitions and can reduce a person’s ability to make informed decisions. Therefore, even if messaging does not suggest sexual success, sex toys fundamentally create an association with sexual activity and this is enough to cause a breach under this rule.
As an example, the Independent Complaints Panel (Panel)considered a complaint in 2023 regarding Pirate’s Grog Love Potion No.9 Gift Pack which included a copy of the Kama Sutra and a Durex Intense Vibe Ring. The Panel considered that the inclusion of the Kama Sutra, a well-known book related to the depiction of sexual positions and a sex toy in a gift pack with alcohol was wholly inappropriate under the Code and the complaint was subsequently upheld under Code rule 3.2(d).
Whilst the Pirate Grog case may be considered somewhat overt, producers also need to be mindful of how language and innuendo can sometimes inadvertently breach the Code. In the Advisory Service we see plenty of examples where a producer has created short and catchy promotional taglines but by doing so can sometimes introduce a level of ambiguity as to what the lines are trying to convey. Marketing teams need to remember that while the meaning of such lines may be obvious at the point of creation, ambiguity in certain contexts can sometimes generate different meanings and how the average consumer may perceive these is key when determining compliance under the Code.
In 2025, a complaint was raised regarding a promotional neon sign for Jinro Soju which read “Easy to Drink, Drink to Link”.
The complainant raised a concern that “in this context, I believe ‘link’ means ‘to have (typically casual) sexual relations with”. The producer had explained that the phrase was intended to reflect the South Korean culture pairing of Soju with different foods. However, the Panel noted that there was no further context to the promotion to clarify that the line related to pairing the drink with food. In the context of the UK market, the Panel stated that the ambiguity of the line left it open to consumer interpretation and for UK consumers the phrase ‘link’ was predominantly used as a sexual reference and found the promotion in breach of Code rule 3.2(d). In this particular case, the Panel acknowledged that because the company was based outside of the UK it may not have been aware of the slang meaning of the phrase and that the association was likely to have been inadvertent.
The Jinro case is a good example of how risk can stem from marketing that is open ended and may be interpreted in different ways. Where a line is ambiguous it will be up to a consumer to decide on the interpretation and this is where unintentional breaches of the Code can occur. We generally recommend that producers think carefully about how some lines may be interpreted and avoid casual innuendo as it can still create an association with sexual activity in the absence of an explicit reference.
Producers may reason that marketing which is humorous or cheeky is not harmful, but double entendres which create an association with sexual activity can still be found in breach of the Code and sometimes what may be intended as humour can even cross the line into serious offence. In 2023 the Panel considered a complaint against Unshaven Maiden Cider. In this case, the Panel found the name, the marketing line ‘search for the cherried treasure’ and a partially nude mermaid illustration, all linked to sexual innuendo referencing virginity and therefore created an association with sexual activity. Furthermore, the Panel concluded that such messaging was seriously offensive and damaging in the wider context of stereotypes and felt that such messaging was out of place with modern societal values. The complaint was accordingly upheld under both Code rule 3.2(d) and 3.3 (serious and widespread offence).
So, when it comes to alcohol, the Code is clear that marketing must avoid any association with sexual activity or sexual success. If you are an alcohol producer or marketing agency that would like to access free and confidential advice on whether your marketing is likely to be acceptable under Code rules then please do get in touch using our webform or direct email, we’ll be happy to help. We also offer training on the Codes of Practice which can be delivered online or in person, you can read more about this on our website.
Read the new, updated 3.2(d) guidance in full.
Author: Laura Blackmore
Laura is responsible for providing tailored regulatory advice and training under the Portman Group’s Codes of Practice. Laura brings experience from a successful career in education, leadership and management. Laura utilises her educational background to deliver bespoke training and advice through the Portman Group’s advisory service.