In response to Alcohol Focus Scotland’s analysis of specialist alcohol treatment access, Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said: 

“Alcohol Focus Scotland is right to show that access to specialist alcohol treatment has declined by 40% over the past 10 years in Scotland. It is incredibly concerning and supports our call for an immediate increased investment in services and person-centric recovery support.

Furthermore, we urge the Scottish Government to implement targeted interventions to reach this minority of high-risk drinkers and tackle the complexities underlying their drinking.”

London, 26 July 2023: Following a report from renowned children’s marketing agency Kids Industries, the Portman Group – the alcohol social responsibility body and alcohol marketing self-regulator – has today updated its guidance on Code rule 3.2(h): Particular appeal to under-18s. The update also incorporates the very latest cases reviewed by the Independent Complaints Panel (Panel). The full Guidance can be read here, with a new Quick Read also published as a topline for marketers here.

At the request of the Portman Group and the Panel, Kids Industries has issued the report ‘Marketing that appeals to under 18s’ which reviews marketing techniques that are used to appeal to children and teenagers outside of the alcohol industry. The report, an update to previous training the Panel received in 2015,  provides an insight into four key areas; child development stages, trends in kids marketing, appealing to kids and, finally, considerations that may be useful in the context of alcohol marketing.

As part of the report, Kids Industries outlined six marketing techniques that are used to appeal to children and teenagers in FMCG marketing:

1. Colour & clarity: Visuals gain the attention of young children – under the age of 7 – particularly bright colours.
2. Character: Cartoon-like and approachable friendly characters on food packaging have strong appeal to children.
3. Brand Licensing: Strongly connected to character is the power of brand licensing to drive children to want certain products.
4. Name & Logo: Brand logos which embody a combination of simplicity, play, bright text, chunky font, high contrast or a thick outline attract children’s attention.
5. Collectability: Collectables are frequently used by FMCG companies to attract children and drive repeat purchase.
6. Flavour: Children have a genetic predisposition towards sugary / sweet and salty foods and flavours.

In 2022, 85% of complaints about alcohol marketing and packaging that the Portman Group received related to Code rule 3.2(h), with 29% of all advice requests also related to this area; more than any other category (Portman Group, December 2022). The updated guidance aims to help the alcohol industry market and package products in a way that does not have a particular appeal to under-18s.

In response to the updated guidance, Matt Lambert, CEO of the Portman Group said: “These insights are incredibly important to enhance understanding and application of the Code to ensure that we regulate effectively and protect under-18s from alcohol marketing. We have taken these learnings and updated our guidance on the Code rule, along with more recent decisions, and hope this will help the industry continue to market responsibly.”

Gary Pope, Co-founder and CEO of Kids Industries said: “What children see matters. They are idea and information sponges, and from an early age they are influenced by the world around them. As marketers it is essential to avoid accidentally appealing to under-18s and it is an exceptionally good sign to see that the regulator wants to have the latest insights and we have again been pleased to share our expertise with the Independent Complaints Panel to support their understanding of marketing tactics. We hope the work strengthens their understanding and blocks any overreach into encouraging kids to drink.”

Kids Industries is a specialist and award-winning research and marketing agency focused on the children’s and family market. They work with the largest brands in the world including Kellogg’s, McDonalds, Disney and the BBC, and they have supported the marketing of Bing, Bluey, Pokémon and Star Wars amongst many others.

ENDS

For more information contact:

Joseph Meaden

Mobile: 07709 525 971

London, 13 July 2023: Retailers have been asked to stop placing orders for Bartex Bartol’s Cosa Nostra Scotch Whisky, after it was found to have a direct association with violent, aggressive, dangerous and illegal behaviour, and caused serious and widespread offence. A copy of the full decision is available here.

The complaint was upheld by the Portman Group’s Independent Complaints Panel, resulting in the most severe sanction as a result of the producer’s failure to comply.

The Panel noted the product’s bottle was in the shape of a Thompson ‘Tommy’ gun, creating a direct link between the drink and a dangerous weapon. The Panel also considered that the drink’s name, Cosa Nostra, was the name of a well-known faction of the Italian Mafia. This, combined with multiple references on the product’s primary and secondary packaging, emphasised the product’s link to violent behaviour and the glamourisation of criminal activity. Accordingly, the Panel upheld the complaint under Code rule 3.2(b).

The Panel also noted that in the context of rising gun crime in the UK, the packaging was likely to cause serious and widespread offence, particularly in communities where gun crime was an ongoing serious issue. Furthermore, those who were directly affected by the violence perpetrated by the Mafia syndicate Cosa Nostra would consider packaging glamourising the Cosa Nostra seriously offensive. Accordingly, the complaint was upheld under Code rule 3.3.

A Retailer Alert Bulletin (RAB) is only issued by the Portman Group following an upheld complaint by the Panel where the producer chooses not to comply with that decision. A RAB requests that retailers cease placing orders for the product three months after the publication date and informs wider groups about the Panel decision.

The producer has previously been the subject of a RAB in 2014 with its product Red Army Vodka.

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “In light of rising gun crime in the UK, it is deeply irresponsible of an alcohol producer to glamorise firearms and market a product in this form. There were multiple and clear signs this product was in direct breach of the Code and unfortunately follows a complaint for a similar product by the same producer which the Panel upheld in 2014. I hope Bartex Bartol takes note that such products are completely unacceptable.”

-ENDS-

For more information contact: jmeaden@portmangroup.org.uk / 07709 525971

Notes to editors

1. Images provided
2. A spokesperson is available for interviews upon request.
3. The Retailer Alert Bulletin can be found here.

London, 30 June 2023: Complaints made by the Wine and Spirit Trade Association against AU Vodka Bubblegum and AU Vodka GOAT have not been upheld by the alcohol industry’s Independent Complaints Panel (Panel). A copy of the full decisions are available here and here.

AU Vodka Bubblegum

A complaint was made about AU Vodka Bubblegum under three Code rules which raised concerns that the product had a particular appeal to under-18s, did not clearly display its alcoholic nature, and that text on the product implied it could aid social success and popularity (Code rules 3.1, 3.2(e), 3.2(h)).

The Panel examined the product and noted there were several positive alcohol cues on the front and back label which included a responsible drinking messaging, the product’s ABV, a pregnancy warning, Drinkaware signposting and the unit content per container and serve. The Panel considered that while the brand was positioned as a premium product, there was nothing on the product packaging which suggested that consumption of the drink could help a consumer’s social success or popularity. Regarding particular appeal to under-18s, the Panel considered that the presentation of the name, and its reference to a confectionary item, was close to the line of acceptability under the Code. However, given that the text was used as part of a minimalistic design which did not incorporate any other elements that could have a particular appeal to under-18s, such as use of cartoon imagery, the Panel concluded that the presentation of the product’s flavour was not strong enough to constitute a particular appeal to under-18s. Therefore, the Panel did not uphold any aspect of the complaint.

AU Vodka GOAT

The complaint about AU Vodka GOAT was raised on the grounds that the product suggested it had therapeutic qualities and was linked to treatment for alcohol use disorder.

The complainant stated that there were two understandings of the term GOAT; the first relating to treatment for alcohol use disorder and the second as an abbreviation for ‘Greatest Of All Time’. AU Vodka stated that it had intended the latter understanding and that this definition was well known by consumers. The Panel noted that there was nothing on the packaging or accompanying marketing which suggested that the drink could be used as part of a treatment for alcohol use disorder. The Panel agreed that it was more likely that consumers would understand the abbreviation as standing for ‘Greatest Of All Time’ and that there was no suggestion by the product, or accompanying marketing which implied that drinking the product would improve someone’s mood, behaviour or physical/mental capabilities. Therefore, the Panel concluded there was no breach of the Code and did not uphold the complaint.

Commenting on the decisions, the Chair of the Independent Complaints Panel, Nicola Williams, said: “Time and again the Panel considers the overall impression conveyed by product packaging and in these cases it was the crux of the decisions for both. When portraying flavour, it is fair the styling can be reflected in the typography, however extra care must be taken to ensure that when a product is sweet flavoured, there are no other elements on the packaging which could have a particular appeal to under-18s. Equally, it is important to ensure that a name with a dual meaning is marketed with the appropriate intention so that it is not misconstrued. In these cases, AU Vodka has ensured that the overall impression of Bubblegum Vodka and GOAT were compliant with the Code”.

Commenting on the decisions, Head of Legal at Au Vodka, Dylan Withanage, said: “We appreciate the Panel’s thorough review of our Au Vodka Bubblegum and Au Vodka GOAT products. We are pleased that the Panel has upheld our position, having found no breach of the Code for either of these two products. We value the Panel’s insights and will continue to uphold the Code in our future offerings.”

-ENDS-

For more information contact: jmeaden@portmangroup.org.uk / 07709 525971

Today, the Portman Group launches a consultation reviewing Code rule 3.2(h) on particular appeal to under-18s in the Naming, Packaging and Promotion of Alcoholic Drinks Code (Code). The consultation closes on 7 July and can be read here.

The consultation seeks views on proposed changes to the wording of Code rule 3.2(h), following an issue that has arisen in the daily application of the Code and to ensure alignment with the Portman Group’s Alcohol Sponsorship Code.

The proposed change to the Code rule adds the following text: “A producer must not allow the placement of brand names, logos or trademarks on merchandise which has a particular appeal to under-18s or is intended for use primarily by under-18s.” Consultation respondents are invited to give their views on whether the Code rule should be changed and if they agree with the proposed wording.

Since the Code was launched in 1996, nearly a third (30%) of all cases considered by the Independent Complaints Panel (Panel) have been under Code rule 3.2(h); and since 2018, more cases have been considered under this rule than any other.

The Code, which has undergone six reviews since its launch, ensures that alcohol is promoted in a socially responsible way, only to those aged 18 and over, and in a way that does not appeal particularly to those who are vulnerable.

Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said: “Self-regulation is at its most effective when it enables robust, proportionate action quickly and in a way that also allows the views of all interested parties to be heard.

“This consultation seeks to address an issue the Portman Group identified following a complaint. While a technical breach did not occur, we believe it is appropriate to tighten the wording of Code rule 3.2(h) to prevent any marketing from creating a link between alcohol and products intended for or with particular appeal to children. .

“I look forward to seeing the responses to this consultation so that the regulation of alcohol marketing remains fit for purpose and ensures that alcohol is promoted in a socially responsible way.”

In response to the Public Accounts Committee alcohol treatment services report, Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said:

“We are pleased the Committee has focused on alcohol treatment and ensuring that the minority who drink at the heaviest and most harmful rates are able to access the services they need. The Portman Group has long called for measures to be targeted at this minority of people who drink at the most harmful rates and were greatly impacted by the pandemic. The report is a timely and rare reminder of the high level of success of treatment – when people are able to access high quality services their chances of laying a foundation for lasting recover vastly increased.

“We also support the Committee’s calls to tackle the persistent barriers people who drink at the most harmful levels face, including overcoming stigma, improving integrated care, and helping those who also suffer from co-occurring mental health issues.”

London, 5 May 2023: A complaint made against four Four Loko drinks, which suggested that the word ‘loko’ in its name caused serious or widespread offence, has not been upheld by the alcohol industry’s Independent Complaints Panel (Panel). A copy of the full decision is available here.

The complaint was against Four Loko Blue, Four Loko Fruit Punch, Four Loko Gold, and Four Loko Sour Apple. The complainant suggested that the name was phonetically similar to ‘loco’ in Spanish, translating to ‘crazy’ in English and caused offence on mental health grounds. The Panel had previously considered Four Loko in 2014 and, in the absence of any new evidence, agreed the case would only be considered under Code rule 3.3 – causing serious or widespread offence – as it had not been part of the Code in 2014.

The Panel considered the 2021 Ofcom and Ipsos Mori study on offensive language¹ which did not include either ‘loco’ or ‘crazy’ as words which were likely to cause offence. The Panel also noted that the Ofcom report highlighted the importance of context when determining whether something could cause serious or widespread offence. The Panel discussed the context of the packaging and noted that the cans had a muted design and included factual text, none of which referenced mental health or ‘crazy’ and ‘loco’ behaviour. Considering the overall impression of the packaging, and the absence of any elements which would emphasise the complainant’s concerns about the name, the Panel concluded that Four Loko did not cause serious or widespread offence, and the complaint was not upheld under Code rule 3.3.

The complaint was raised by a consultant on behalf of Corinthian Brands Ltd.

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “The Code of Practice ensures that alcohol marketing should not cause serious or widespread offence, particularly anything that could be considered discriminatory, derogatory or demeaning. However, the Panel has not found Four Loko to be in breach of this rule and has not caused serious or widespread offence.”

-ENDS-

For more information contact: portman@mhpc.com / 07710 845 531

Notes to editors

1. Ofcom and Ipsos Mori study entitled ‘Attitudes to potentially offensive language and gestures on TV and Radio. 2021: https://www.ofcom.org.uk/__data/assets/pdf_file/0021/225336/offensive-language-summary-report.pdf
2. Images provided
3. A spokesperson is available for interviews upon request.
4. The Portman Group was formed in 1989. It is the alcohol industry regulator and social responsibility body. It has over 160 Code signatories from producers, retailers and membership bodies.
5. The Portman Group is funded by 17 member companies: Asahi UK Ltd; Aston Manor Cider; Bacardi; Brown-Forman; Budweiser Brewing Group UK&I; Campari; C&C; Diageo GB; Edrington UK; Heineken UK; Mark Anthony Brands International; Mast-JäegermeisterUK; Molson Coors Beverage Company; Pernod Ricard UK; SHS Drinks; Thatchers’; and Treasury Wine Estates.
6. The Code of Practice for the Naming, Packaging and Promotion of Alcoholic Drinks was first published in 1996. In 2021, we celebrated the 25th anniversary of the Code. The Code seeks to ensure that alcohol is promoted in a socially responsible way, only to those aged 18 and over, and in a way that does not appeal particularly to those who are vulnerable. The Code has helped create an industry that works effectively within the context of a self-regulatory model, while encouraging design, innovation and creativity. This has been done in an effective, responsive and inexpensive way.

• Effectively – over 170 products have been amended or removed from the market. Many hundreds more have been helped to adhere to the Code before appearing on shelves through the support of the Advisory Service;
• Responsively – there have been five updates to the Code over 25 years responding to changes in public attitudes and expanding its reach; all without recourse to Government or Parliamentary time;
• Inexpensively – the leading members of the industry are currently funding the model for all to be protected at no cost to the public purse.

A complaint by a member of the public against Engine Organic Gin was upheld by the alcohol industry’s Independent Complaints Panel (Panel) for suggesting consumption of the drink could change a consumer’s mood and had a therapeutic quality. A copy of the full decision is available here.

The drink is produced by Engine S.r.l and distributed in the UK by Disaronno. The Panel stated that the wording on the back label which read ‘sage and lemon is a traditional remedy to cure a sour mood’ suggested that consumption of the drink could ‘cure’ a consumer’s bad mood. Furthermore, the Panel was concerned the suggestion of a ‘cure’ could directly appeal to those with poor mental health who may be more susceptible to substance misuse. When considered alongside the wording ‘fuel the dream’ on the front label, the Panel considered that these combined elements suggested that the drink had a therapeutic quality and upheld the complaint under Code rule 3.2(j).

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “Linking alcohol with improving a consumer’s mood is a clear infringement of the Code and alcohol producers should not suggest their drink has therapeutic qualities. Producers should carefully consider every aspect of a product’s marketing and packaging to ensure such suggestions are avoided.”

The complaint was not upheld under four other Code rules that read as: the alcoholic nature of a drink should be communicated on its packaging with absolute clarity – 3.1;  should not suggest consumption can lead to social success or popularity – 3.2(e); should not encourage illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness – 3.2(f); and should not have a particular appeal to under-18s – 3.2(h).

The Panel noted:

• There were numerous positive alcohol cues presented clearly on both the front and back label which sufficiently communicated the drink’s alcoholic nature with absolute clarity (3.1);
• There were no elements on the label which suggested consumption of the gin would make a consumer more popular, or contribute towards social success (3.2(e));
• While the packaging was in the style of a 1970’s era motor vehicle engine oil can, there was nothing which directly or indirectly encouraged a consumer to drink irresponsibly (3.2(f));
• The packaging was not found to have a particular appeal to under-18s (3.2(h)).

A complaint by a member of the public against King William Fortified Wine was upheld by the alcohol industry’s Independent Complaints Panel (Panel). A copy of the full decision is available here.

The drink is produced by Belcondie and the complaint was upheld for causing serious offence.

The Panel noted that King William of Orange was a historical British monarch and that in some communities, his image and certain events associated with him, could be intrinsically linked to sectarianism, especially in Scotland and Northern Ireland. As part of its discussion, the Panel noted that sectarianism still caused serious conflict in some areas of the UK today. The Panel discussed the meaning of symbolism and noted that in this particular instance, there would be some individuals who would celebrate King William of Orange and others who would find reference to him offensive, meaning that the overall impression conveyed by the packaging was very important.

The Panel noted that the product had an alcohol by volume (ABV) strength of 16.90% which was an unusual presentation of a drink’s ABV, as UK labelling legislation stipulated it should be presented to one decimal place. The Panel considered that the ABV was intentionally presented in this manner to associate it with a year, particularly in the context that it appeared five times on the packaging. The producer explained that 16.90 had been used as a reference to the 1690 Distilling Act. However, the Panel considered it would be far more likely to be understood by consumers as a reference to the year when the Battle of the Boyne took place; a significant event in British history that was a key turning point in terms of its ramifications for religious and political views, particularly in relation to sectarianism. The Panel considered this in the context of the product packaging which also incorporated the colour orange, imagery of King William on horseback as though leading his troops into battle, above the description of the product as “fortified” and repetition of 16.90 beyond factually communicating the drink’s ABV.

The Panel stated that while King William of Orange, in and of himself as a monarch, did not cause serious offence, the combination of elements on the label were likely to be divisive and inflammatory, fuelling division in certain communities where religiously aggravated crime was prevalent. The Panel therefore concluded that the presentation of the packaging, particularly the overt references where the product’s ABV had been used to signify a year that linked the product, and King William, to a specific conflict associated with sectarianism, was likely to cause serious offence to certain communities. The complaint was therefore upheld under Code rule 3.3.

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “The overall impression of a product should always be considered carefully and in this instance, it was a combination of elements that when considered together, created a clear link to sectarianism in a manner that could still be considered divisive and inflammatory today. I welcome the producer’s intention to make changes to the product packaging and encourage other producers to note how a combination of factors can lead to a breach of the Code.”

Retailers have been asked to stop placing orders for Bearded Brewery’s Unshaven Maiden, after it was found to have an indirect association with sexual activity and causing widespread offence. A copy of the full decision is available here.

The complaint was upheld by the Portman Group’s Independent Complaints Panel, resulting in the most severe sanction as a result of the producer’s failure to comply.

This release confirms recent reports surrounding the Panel’s provisional decision which was unfortunately pre-announced and leaked by the producer to the media.

The Panel considered the imagery on the label which showed a prominent, partially nude, bearded mermaid figurehead. The Panel noted that ‘maiden’ could relate to a virgin or an unmarried young woman and when considered alongside the tagline “search for the cherry’d treasure”, reinforced the innuendo linking to virginity. For these reasons, the Panel concluded that the product had an indirect association with sexual activity and upheld the complaint under Code rule 3.2(d).

The Panel also noted there was undue focus on the mermaid’s body which objectified the character and, to a certain extent, women more broadly. The Panel expressed concern surrounding the tagline which, combined with the image of the mermaid, resulted in sexual objectification. The Panel, therefore, concluded that the overall impression of the packaging was likely to cause widespread offence and upheld the complaint under Code rule 3.3.

A Retailer Alert Bulletin (RAB) is only issued by the Portman Group following an upheld complaint by the Panel and when the producer chooses not to comply with that decision. A RAB requests that retailers cease placing orders for the product three months after the publication date and informs wider groups about the Panel decision.

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “It was clear that this product was damaging – promoting sexual stereotypes, in this way is out of place with modern-day societal values. Producers all have a duty to consider how their products will be perceived, not only by their local community but the wider UK market in which the products are sold. I hope Bearded Brewery takes note of the reasons outlined by the Panel for why this product clearly infringed the two Code rules in question.”