Producer:
Bearded Brewery
Complaint:
The logo features an illustration of a fox, with an excess of liquid splashes sloshing from his tankard. The use of the word ‘Shaky’ in the drink’s name, in combination with this image, suggests the fox is unable to keep his drink still due to immoderate consumption. It appears there is a subtle celebration here of drinking until one is ‘shaky’. (Against rule 3.2(f) A drink, its packaging or 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.)
Complainant:
Member of the public
Decision:
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.
NOT 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 the name ‘Todd’ was an alternative name for a fox and that this term was still dialect in some parts of the UK. The company explained that ‘shaky’ did not in any way relate to the sloshing tankard and was instead used in some parts of the UK as an alternative meaning for ‘sly’ or ‘dodgy’. The company explained that the name ‘Shaky Todd’ was therefore another name for a ‘sly fox’.
The company stated that the packaging did not subtly celebrate drinking to excess and that it did not condone such behaviour in any way. The company explained that as a family business it would not want the Panel or its potential clients to perceive that it encouraged irresponsible or immoderate consumption.
The Panel’s assessment:
The Panel considered whether anything on the packaging encouraged illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness as raised by the complainant. The Panel assessed the packaging which included an anthropomorphic fox drinking from a tankard which had drops of liquid splashing around the rim and the name ‘Shaky Todd’ presented alongside. The Panel first discussed the name ‘Shaky Todd’ and acknowledged the company’s response that ‘shaky’ was an alternative word for ‘sly’. However, the Panel also considered that the dialectal meaning of ‘sly’ was not well known throughout the UK even though it may be used in some areas. Instead, the Panel noted that ‘shaky’ was more likely to be understood by the general population as akin to trembling. Therefore, the Panel considered how the word could be interpreted in the context of alcohol. The Panel noted that ‘shaky’ could imply that a person was unsteady after alcohol consumption and noted that shaking or tremors were a common symptom of withdrawal for those with alcohol use disorder. However, the Panel acknowledged that ‘shaky’ could have a number of meanings and therefore it was important to consider how the word was presented in the wider context of the packaging.
With that in mind, the Panel considered the presentation of the fox in more detail and noted that it did not appear to be drunk. The Panel noted that the fox was not in a slumped or slouching position, did not appear to be shaking or unsteady and did not have drooping eyelids which were all common markers of inebriation. Instead, the fox appeared composed with a bow tie and monocle clearly in place which gave the impression it was not drunk as it was not in a state of disarray. The Panel considered that while there were droplets around the rim of the tankard, the tankard was positioned in a tilted fashion to suggest that the fox was taking a drink as opposed to it being incapable of holding the container steady and spilling the drink due to drunkenness. After careful assessment of the fox, the Panel considered that it did not appear drunk and there was nothing else on the label which encouraged an immoderate style of consumption.
In light of this, the Panel concluded that while shaky could be interpreted as a reference to alcohol withdrawal, it could be interpreted in various ways and that the overall impression conveyed by the label would always determine compliance with the Code. As there was nothing else on the packaging which encouraged drunkenness, the Panel concluded that the label did not encourage immoderate consumption. Accordingly, the Panel did not uphold the complaint.
Action by Company:
None required.