Producer:
Bearded Brewery
Complaint:
The drink’s name, slogan and logo are themed around motorcycling, and therefore there’s a dangerous link to drink driving. (Against rule 3.2(f) Immoderate / Irresponsible consumption). The logo features an aggressive looking bearded skull wearing a motorcycle helmet and goggles, with two motorcycle engine pistons behind the skull. The name ‘tank slapper’ is motorcyclists’ slang for a potentially life-threatening speed wobble when riding fast. The drink’s slogan ‘Get yer wobble on’ could be read as an encouragement of dangerously excessive speeding, drinking, or possibly both.
Complainant:
Member of the public
Decision:
Under Code paragraph 3.2(b)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with bravado, or with violent, aggressive, dangerous, anti-social or illegal behaviour.
UPHELD
Under Code paragraph 3.2(f)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way encourage illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness.
UPHELD
The company’s submission:
The company acknowledged that complaints were dealt with on a case-by-case basis
and that the Portman Group did not seek out cases to prosecute. However, the company stated that it believed the complaint was vexatious and that many worse examples of alcohol marketing existed. Nonetheless, in the spirit of cooperation, the company agreed to engage with the complaints process.
The company explained that while the drink’s name was motorcycle themed it did not mean that there was a dangerous link to driving. The company stated that the image used on the packaging was similar to a biker’s patch and had been made for a member of the company. The company did not agree that the packaging encouraged anyone to drink or speed excessively and that the name was intended to be a play on words.
The Panel’s assessment:
3.2(b)
The Panel considered whether anything on the drink’s packaging suggested any association with bravado, or with violent, aggressive, dangerous, anti-social or illegal behaviour as raised by the complainant. The Panel first considered the imagery on the label which included a grimacing skeleton wearing motorcycle-style goggles with pistons positioned at either side and noted that the design was clearly inspired by motorbiking culture. The Panel discussed the spirit of Code rule 3.2(b) and noted that an association between an alcoholic drink and motorbiking was not inherently problematic under the Code and that compliance would determined by the overall impression conveyed by the label and name.
The Panel discussed the meaning of ‘Tank Slapper’ which referred to a rapid side-to-side shaking of a vehicle’s wheels which usually occurred at high speeds and could lead to a loss of control. The Panel considered that such a manoeuvre would be undesirable as it was particularly dangerous and carried a high risk of injury. The Panel discussed the meaning of ‘Tank Slapper’ and noted that while it was arguably not common parlance, it only had one meaning for those familiar with the terminology. On this basis, the Panel considered that the name created a direct link between the drink and a dangerous driving manoeuvre. The Panel then assessed the phrase ‘get yer wobble on’ in this context. The Panel noted that ‘Tank Slapper’ could also be known as a ‘wobble’ or ‘death wobble’ and considered that the wording of the phrase was a direct imperative for a person to perform a ‘tank slapper’. The Panel considered that the clear references to driving on the label and the direct instruction to ‘get yer wobble on’ compounded the link between the drink and dangerous driving.
The Panel then discussed the product under Code rule 3.2(f) which is detailed below. In light of its decision that the packaging encouraged an individual to consume alcohol immoderately the Panel revisited Code rule 3.2(b) and determined that ‘get yer wobble on’ also created an indirect association with drinking before driving and also created an association with dangerous behaviour.
The Panel therefore concluded that the overall impression conveyed by the packaging in its entirety created an association with dangerous behaviour. Accordingly, the Panel upheld the complaint under Code rule 3.2(b).
3.2(f)
In the context of the decision under Code rule 3.2(b), the Panel considered whether the phrase ‘get yer wobble on’ encouraged illegal, irresponsible or immoderate consumption. The Panel reiterated that ‘tank slapper’ was not well-known terminology and a was niche phrase unlikely to be understood outside of those involved in motorbiking. With that in mind, the Panel considered that ‘get yer wobble on’ for those unfamiliar with the definition of ‘tank slapper’ could refer to consuming alcohol immoderately to the point where someone has a ‘wobble’.
The Panel discussed the word ‘wobble’ and considered that it could be understood to mean being inebriated to the point where a person would become unsteady. After discussion, the Panel therefore considered that ‘get yer wobble on’ could read as a direct instruction for a person to consume alcohol immoderately. On that basis, the Panel concluded that the packaging did encourage immoderate consumption. Accordingly, the complaint was upheld under Code rule 3.2(f).
Action by Company:
Working with the Advisory Service to bring the product in line with the Code.