Company: Evolution Enterprise
Breach: Yes
Final Decision: 21 February 2003
Considered under the 2nd Edition of the Code.
Complaint summary
“The product’s packaging:
- is confusing about the about the alcoholic nature of the product;
- encourages purchase by under 18s;
appeals to under 18s rather than adults through (i) imagery to under 18s culture and (ii) artificially bright colours and styles of lettering.”
Complainant
Aquarius Action Projects
Decision
Under Code paragraph 3.1(a)
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 any confusion as to the alcoholic nature and strength of the product, but should clearly communicate the alcoholic nature of the product and its strength to the purchaser or consumer.
UPHELD
Under Code paragraph 3.1(e)
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 sexual success or prowess.
NOT 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 or sale to under 18s.
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.
UPHELD
The Panel’s assessment
The Panel considered whether the product’s packaging clearly communicated the alcoholic nature and strength of the product. It noted that the individual containers displayed the product’s strength as ‘14.5% Alc.’ but was concerned that this statement was so small as to be almost illegible. The Panel also noted that the display box did not feature a statement of the product’s strength on the front and that when the containers were on display, the statement ‘14.5% Alc.’ was hidden from view. It considered that the product descriptors ‘Passion Cocktail’ and ‘Tequila and lime flavour’ were ambiguous and did not clearly communicate the product’s alcoholic nature. Hence, the Panel found the product in breach of Code paragraph 3.1(a).
The Panel then considered whether the product’s naming or packaging directly or indirectly encouraged purchase by or sale to under 18s and whether these were more likely to appeal to under 18s than adults.
The Panel noted that children used test tubes in school science lessons. It therefore considered that the unusual and gimmicky nature of the packaging combined with the bright colours of the product and the wording and style of writing on the containers, was more likely to appeal to under 18s than adults and was also likely to encourage purchase by under 18s. The Panel therefore concluded that the product was in breach of Code paragraphs 3.1(g) and 3.1(h).
The Panel lastly considered whether the product, either through its naming or packaging, suggested sexual success or prowess. The Panel noted the name of the product ‘Kiss Me’ and one of the product descriptors ‘Passion Cocktail’ but concluded that there was no direct suggestion of sexual success or prowess. Hence, the Panel did not find the product in breach of Code paragraph 3.1 (e).