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A complaint against a Hello Kitty branded red wine has been upheld by the alcohol industry’s Independent Complaints Panel (ICP), after it was found to have particular appeal to under-18s.

The complainant said: ‘Astonished to see alcohol sold under a children’s toy brand. How can that possibly be legal?’.

It was upheld under Code rule 3.2(h) which states that a drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18s. The full decision can be read here.

The Panel noted the response of the Italian producer – Torti Wine – which disagreed that Hello Kitty was a children’s toy brand and said that it was popular with all ages particularly mothers, grandmothers and older celebrities including Kim Kardashian.

The Panel noted that there was a level of nostalgia attached to the brand which remained popular with some adult consumers who had enjoyed it in their childhood, but that it should consider how Hello Kitty was perceived and marketed in the UK.

It noted that the Hello Kitty franchise included a children’s TV show and video game which were suitable for children aged three and above, and the Hello Kitty website included a children’s privacy policy which reinforced the perception that the website and its content not only targeted those under the age of 18 but that the younger age group was of significant relevance.

While the Panel acknowledged that the intention of the producer was to create a Hello Kitty wine which appealed to adults, the Panel considered that wider Hello Kitty marketing in the UK reflected that Hello Kitty was a brand which was predominantly marketed towards children.

In terms of the overall impression of the product, the Panel noted that the packaging included a large image of ‘Hello Kitty’ which was prominently displayed on the front label. The design was a simplistic cartoon which had exaggerated features, such as the oversized bow, and a large cat head which gave the appearance of being kitten-like and cute. The Panel therefore concluded the overall impression of the packaging also had a particular appeal to under-18s. Accordingly, the Panel upheld the complaint under Code rule 3.2(h).

Torti Wine confirmed that it would no longer sell the product in the UK.

Rachel Childs, Chair of the Independent Complaints Panel (ICP) said: “In this case, it was clear from the producer’s response that it hadn’t intended to market the Hello Kitty wine to children and as an overseas producer were unaware of the self-regulatory system we have in place in the UK to enforce responsible marketing and protect consumers, particularly those under-18.

“It’s a timely reminder that the Portman Group’s Code of Practice applies to all alcohol marketed in the UK, and not just that of UK producers. A children’s cartoon themed wine is wholly unacceptable.”

The producer, Torti Wine, added: “Hello Kitty wines are for adult consumption and sold only in places that own an alcohol license. This is to protect and correctly sell the Hello Kitty wines in places where minors don’t have access.”