Company: Bass Brewers
Breach: Yes
Final Decision: 10 March 2001
Considered under the 2nd Edition of the Code.
Complaint summary
“The complaint relates to the use of the descriptor ‘invigorating’ which the complainant believes is in breach of Clause 3.1(i) of the Code.”
Complainant
GBL International Limited
Decision
Under Code paragraph 3.1(i)
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 that the product can enhance mental or physical capabilities.
UPHELD
The Panel’s assessment
The Panel found that the word ‘invigorating’ in the way that is used on the front and rear labels suggests that the product (which the packaging states contains caffeine, guarana and damiana) could enhance mental and/or physical performance in breach of Code Paragraph 3.1(i).
Action by company
The company has amended the packaging of the product by removing the word ‘invigorating’ on both the front and the rear labels.