Company: Bestway Cash and Carry
Breach: Yes
Final Decision: 6 March 2001
Considered under the 2nd Edition of the Code.
Complaint summary
“The name of the product clearly stresses the strength of the product. This is a particularly unacceptable as the product is so strong (7.5% abv) and so cheap (around 80p per can). It is clearly being marketed directly to those most vulnerable to alcohol misuse, low income families and underage drinkers.”
Complainant
Member of the public from Cheshire.
Decision
Under Code paragraph 3.1(b)
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 have as its dominant theme the alcoholic strength or its relatively high alcohol content.
UPHELD
Under Code paragraph 3.1(g)
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 purchase by sale to under 18s.
NOT UPHELD
Under Code paragraph 3.1(h)
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 be more likely to appeal to under 18s than adults.
NOT UPHELD
The Panel’s assessment
The Panel found that the word “turbo” (and in particular the name given to that word on the container) together with the emphasis on the relatively high strength of the product made its alcoholic strength the dominant theme of the product’s packaging. However, the Panel did not think that the brand name, packaging or labelling of the product were more likely to appeal to under 18s than adults or to encourage underage purchase or sale.
Action by company
The company has informed The Portman Group that it is planning to re-name the product.