Company: Asda Stores Ltd
Breach: No
Final Decision: 13 July 2007
Considered under the 3rd Edition of the Code.
Complaint summary
“A drink … should not have a particular appeal to under 18s”.
Complainant
Member of the public, Lincolnshire.
Decision
Under Code paragraph 3.2(g)
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.
NOT UPHELD
The company’s submission
The company said that the product range had been launched in November 2003 in 275ml format but that they had since increased the size of the bottle to 700ml, and hence the price at which it was sold, to reduce its potential appeal to under-18s. They were conscious of the Portman Group’s Code when the products were developed but were satisfied that the labels did not appeal to under-18s.
The Panel’s assessment
The Panel noted that two of the three flavours in the range were brightly coloured and that each flavour featured an image of a creature. It noted, however, that the images were merely outline drawings and considered that these were unlikely to carry a particular appeal to under-18s. It further considered that the flavour names were not of particular appeal to this age group. It therefore concluded that, despite the bright colours, the products overall should not appeal particularly to under-18s and did not breach Code paragraph 3.2(g).
Action by company
No action required.