Company: The Tubular Drinks Company Ltd
Breach: Yes
Final Decision: 21 November 2003
Considered under the third edition of the Code.
Complaint summary
“Our complaint is focused around two areas: the visibility of the product, which we are required to obscure, and the youth oriented logo (style and font).”
Complainant
The Bad Jelly Company
Decision
Under Code paragraph 3.2(a)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way have the alcoholic strength, relatively high alcohol content, or the intoxicating effect, as a dominant theme.
NOT UPHELD
Under Code paragraph 3.2(i)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that the product can enhance mental or physical capabilities.
NOT UPHELD
Under Code paragraphs 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.
UPHELD
The Panel’s assessment
The Panel considered that the product’s packaging did not have the alcoholic strength, relatively high alcohol content, or intoxicating effect, as a dominant theme. Hence, the Panel did not find the product in breach of Code paragraph 3.2(a).
The Panel considered that the product’s packaging did not suggest that the product could enhance mental or physical capabilities. Hence, the Panel did not find the product in breach of Code paragraph 3.2(i).
The producers believed that the font and style of the packaging was not particularly youthful or distinctly attractive to a youthful audience. The Panel considered, however, that the combination of the lettering on the containers, the fact that the bright colours of the product were visible through the transparent containers, the product name and the instruction ‘wobble it and gobble it’ meant the product had a particular appeal to under 18s. Hence the Panel found the product in breach of Code paragraph 3.2(g).
Action by company
To be confirmed.