Enforcement Process

  • A company whose packaging or promotion is found in breach of the Code will be asked to take appropriate action.

  • In the case of a Code breach concerning a drink’s packaging or point-of-sale material, a timetable for implementing the necessary changes – not normally exceeding three months – will be supplied in writing to the company concerned.

  • The Code Secretariat may notify retailers of the decision taken by the Independent Complaints Panel and request them not to replenish stocks or point-of-sale material of the product in question.

  • The Code Secretariat may also notify relevant breaches of the Code to the Local Authorities Co-ordinators of Regulatory Services (LACORS); this may in some cases lead to prosecutions.

  • Other appropriate third parties may also be notified of a Code breach, for example internet service providers, trade associations and monitoring organisations.

  • If a retailer continues to stock a product or display point-of-sale material which has been found in breach of the Code, the Code Secretariat may notify the relevant licensing authority. The Portman Group may also notify the Government, trading standards officers and the media about a retailer’s failure to support the decision of the Panel.

  • In the event that a Portman Group member company chooses not to make the required changes to their product, the company may be expelled from membership.