A complaint by Aberdeenshire Alcohol & Drug Partnership against Piggin’ Drunk Ale was upheld by the alcohol industry’s Independent Complaints Panel (ICP). A copy of the full decision is available here.

The drink was produced by Cottage Delight and the complaint was upheld against Code rule 3.2(f) for encouraging immoderate consumption.

The Panel considered that the name ‘PigginDrunk Ale’, as well as use of the phrase on the side of the bottle which read “this little piggy is hogging all the beer”, created an association with immoderate consumption and binge-drinking. The Panel expressed significant concern regarding an alcoholic product that incorporated the word ‘drunk’ in its name which created a link to excessive consumption of alcohol. The Panel therefore concluded there was a clear-cut breach of Code rule 3.2(f).

The complaint was not upheld under Code rule 3.2(h) (particular appeal to under-18s). Whilst the product featured a pig depicted in an illustrated style, the colour palette was a muted design, and the Panel considered that neither this nor any other element of the packaging had a particular appeal to under-18s.

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “This product made multiple references to immoderate consumption and drunkenness, and therefore was a clear breach of the Code. I welcome the producer’s swift assurance that the product has been discontinued and that it will work with the Portman Group’s Advisory Service regarding any future designs.”

Cottage Delight was invited to comment and said “We can confirm that we have taken swift action to discontinue the product. Furthermore, we have given our assurances to the Portman Group that we will work closely with them and check the compliance of any future product designs.”

Aberdeenshire Alcohol & Drug Partnership was invited to comment and said “Naturally we are pleased that the panel have upheld our complaint. It’s disappointing that some producers of a hazardous product continue to promote alcohol with apparent disregard to consumer health and Portman rules. It’s therefore pleasing that this decision comes at the time that the Scottish Government is consulting on proposals to regulate alcohol advertising and promotion in the interests of consumer health (https://consult.gov.scot/alcohol-policy/alcohol-advertising-and-promotion).”

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For more information contact:

Joseph Meaden

Mobile: 07730 525 971

In response to the NHS Digital Health Survey for England 2021, Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said:

“We welcome today’s NHS Digital statistics which suggest that harmful alcohol consumption in England continues to decline, following over a decade of falls in alcohol-related harm.

“A moderate majority – 4 in 5 – of English adults either do not drink or drink below the Chief Medical Officer low risk guidelines and it is significant that average weekly alcohol intake is now at a record low.

“This is coupled with a significant decline in binge drinking and in part due to successful ongoing partnerships between industry and other stakeholders who ensure that alcohol is marketed, sold and consumed responsibly.

“Whilst this suggests the trends are going in the right direction, including a small fall for those drinking at higher levels, it is crucial that the Governments across the UK support targeted measures for the minority who continue to drink at dangerous rates.”

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Notes to Editors:

• 78% of adults either do not drink or drink below the Chief Medical Officer low risk guidelines, up from 77% since the last survey in 2019.
• Record low of weekly alcohol intake is now 11.6 units per week – down from 12.2 units in 2019 and 13.4 units in 2011.
• Binge drinking is more than 6/8 units on a drinking day). This has now fallen to 12% in 2021 from 15% of all adults in 2019 (and compared to 17% in 2011).

• Four in five [85%] complaints about alcoholic marketing and packaging were considered for particular appeal to under-18s, industry report finds
• Alcohol producers across the industry were more likely to seek advice and guidance to avoid marketing having particular appeal to under-18s, than any other category

14^th December 2022: A new alcohol sector report finds that 85% of formal complaints considered by the Independent Complaints Panel (Panel) were regarding whether alcohol packaging and marketing had particular appeal to under-18s, as awareness grows for the harms of underage drinking.

The new report from the Portman Group – the alcohol social responsibility body and marketing regulator – reveals that the industry Panel reviewed more complaints about products appealing to under 18s in 2022 than any other category. However, the majority (76%) of complaints were not upheld, indicating a strong alignment between producers in the sector and the Code of Practice.

This comes as the report reveals that drinks producers were more likely to seek advice and guidance from the Portman Group’s Advisory Service under the Code rule on particular appeal to under-18s [29%] than any other category. This was followed by advice on immoderate consumption [20%] and bravado [15%], demonstrating increased awareness and proactivity from producers to ensure responsible marketing and labelling practices.

This increase in complaints coincides with a fall in underage drinking worldwide, again highlighting the increased awareness and action from producers to ensure that alcohol marketing does not have a particular appeal to people under the age of 18.

Complaints which raise concerns that alcohol marketing may have particular appeal to under-18s are considered under the Portman Group’s Code of Practice on the Naming, Packaging and Promotion of alcoholic drinks. Complaints in the category this year included products which used shimmering liquid and interactive elements such as lights and illustrations, which meant the overall impression of the packaging had a particular appeal to under-18s.

This year, the Panel upheld a complaint under the Code of Practice on Alcohol Sponsorship. A complaint against premium spirits brand, Jatt Life’s sponsorship of the luxury driving event was upheld under a number of Code rules including using images of those who were, or looked as if they were, under 25.

For over 25 years, the Portman Group’s Code of Practice for the Naming, Packaging and Promotion of Alcoholic Drinks has sought 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.

The Portman Group has regulated alcohol sponsorship since 2003 and has a Code that ensures children are protected from alcohol marketing at sports, music and cultural events and that marketing is appropriate.

These regulations have been hugely effective, contributing to over a decade of declines in underage drinking across the UK:

Matt Lambert, CEO the Portman Group, said: “As a self-regulatory body, we work effectively with a responsible sector to ensure that we eliminate irresponsible marketing, and discourage under 18’s from being attracted to alcohol. There are a number of practical industry schemes which have been hugely effective in reducing the occurrence of underage drinking in the UK, and the Portman Group is proud to stand with them in playing our role in reducing harmful drinking. This is an approach that we know works, with many producers using their brands to showcase responsibility messages at major events, for example.

“It is positive to see producers continuing to take advantage of our Advisory Service to ensure that their products comply with the Portman Group’s Codes of Practice, and we encourage others to do so to help eliminate underage drinking.”

The report also finds that the Portman Group did not issue any Retailer Alert Bulletins this year. All producers whose products were upheld under the Code chose to work with the Advisory Service to revise any products in question or voluntarily removed the products from market, without the requirement for stronger enforcement action.

For more information on the Independent Complaints Panel, please visit: https://www.portmangroup.org.uk/panel-members/

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Notes to editors

All figures reported in the Portman Group’s Taking Responsibility for Alcohol Regulation 2022.

Contact details

For more information, please contact: portman@mhpgroup.com ; 07710 845 351

In response to the release of the Alcohol-specific deaths in the UK ONS report for 2021, Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said:

“Today’s figures show an increase in alcohol-specific deaths on top of last year’s increase, every death is a tragedy for the people concerned and their family and friends. The longer-term impact of pandemic drinking for a small group of drinkers continues and there is increasing evidence that targeted, health focused action is needed for those drinking at the highest harm level.”

The Portman Group has updated its position on non-sealed alcohol sampling activity in car parks of a licensed premises.

The update applies to sampling guidance and Code rule 3.2f, irresponsible or immoderate consumption. It explains that open container sampling of alcoholic products should not be held in a car park of a licensed premises, for example, a supermarket or pub. This is yet another measure to ensure that producers are not encouraging irresponsible consumption, including drinking alcohol before driving.

This updated guidance is the latest in a long, effective history of initiatives from government and the sector to reduce the incidence of drinking and driving, leading to a 30% decline in drink driving accidents over the past decade.

If you would like to discuss this update further, Matt Lambert, The Portman Group CEO, is available for interview. Please let me know and I can set this up. A blog detailing further information is here.

In response to the Scottish Government’s Consultation on Restricting Alcohol Advertising and Promotion, which reviews the role of Portman Group’s regulatory remit, Matt Lambert, CEO of the Portman Group, the alcohol social responsibility body and marketing regulator, said:

“The majority of adults in Scotland are moderate or non-drinkers and it is encouraging that binge drinking, alcohol-related crime and underage drinking have all significantly declined. These recommendations are entirely disproportionate and inhibit consumers’ ability to make informed choices, and restrict the ability to trade for producers and retailers who ensure that alcohol is sold responsibly.

“The Portman Group’s Codes of Practice have played a significant role in helping to achieve reductions in underage drinking, through extensive commitments to ensure that marketing and sponsorship does not target under 18s or vulnerable consumers.

“The Scottish Government’s own Health Survey published last week shows that average weekly intake has fallen to well below the official UK Government weekly guidelines. This has all occurred at a time when the amount of advertising spend has increased, suggesting that there isn’t an immediate correlation between them.

“However, there is still work to be done in addressing the small minority that drink to harmful levels and they require targeted health led interventions.

“We are pleased to see that the Scottish Government are prepared to work with existing regulators, and we commit to engage fully and constructively with the process.”

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Notes to Editors

The consultation is expansive, and includes:

• Banning alcohol adverts in print media – newspapers and magazines
• A ban on sports sponsorship in Scotland, which would also include bans on players and staff featuring in alcohol adverts in print and online.
• A ban on alcohol events sponsorship.
• A total ban on outdoor alcohol advertising including on vehicles and in public places
• Restrictions on the retail of display of alcohol
• Ban the sales of alcohol-branded merchandise in Scotland,
• Extending any marketing restrictions to low and no alcohol alternatives which share branding with drinks over 1.2% ABV.
• Restricting the content of alcohol advertising to only factual statements – citing the law in Estonia.

Reviews are also being carried out on areas outside of the regulatory competence of the Scottish Government. This includes:

• Banning alcohol-related social media channels and websites in Scotland
• Banning or introducing a watershed for alcohol advertising on TV and radio

Key statistics

• When reviewing the impact of advertising it is worth considering that “the top 10 most loved drinks brands among 18-24 year olds are all soft drinks”. This consumer insight is based on the opinions of over 96,000 UK adults aged 18-74 across 350 soft and alcoholic drinks brands, collected through BrandVue Drinks – Savanta’s market intelligence platform 2022 – the largest and most comprehensive brand tracking engine in the market.
• 77% of adults in Scotland either do not drink or drink within the weekly recommended lower risk guidelines of 14 units – up from 72% a decade ago in 2011. (Scottish Health Survey, November 2022)
• Similarly, the average weekly unit intake across drinkers has fallen from 13.1 units in 2011 to a record low of 11.3 units a week. (Scottish Health Survey, November 2022)
• Those drinking above the recommended guidelines has fallen from 28% in 2011 to 23% in 2021. (Scottish Health Survey, November 2022)
• This fall has been most pronounced amongst young adults (16-24 year olds), with those drinking at higher rates falling from 32% in 2011 to 14% in 2021. (Scottish Health Survey, November 2022)
• In Scotland, the proportion of 13-15-year olds who drank in the last week has been in overall decline over the past 15 years, falling from 31.5% in 2004 to 13.25% in 2018. (Scottish Government, November 2019)

MixPixie agrees to discontinue Prescription Gin and work with the Portman Group’s Advisory Service to design a new label, after a complaint against the product was upheld by the Independent Complaints Panel (Panel). A copy of the full decision is available here.

The complaint was made by a member of the public and was upheld on two counts, namely for encouraging irresponsible, and immoderate consumption and suggesting the product had therapeutic qualities.

The Panel noted that the bottle was designed to look like prescription medicine, in that the shape of the bottle, the name ‘prescription gin’ and the green cross displayed on the front of the bottle was an exact replica of a pharmacy cross in the UK.

The Panel also discussed concerns regarding text on the product which stated “Take ONE swig before each exam. GOOD LUCK!”. The Panel considered that this encouraged the consumer to drink before an exam, which could have serious consequences on both the individual and people around them.

Furthermore, the Panel stated it was irresponsible to imply that an alcoholic drink was something to be prescribed or suggest that it could make an individual feel ‘better’. The Panel also noted that the front label included the warning ‘possible side effects’ one of which was ‘giddiness’. The Panel noted this implied that a certain level of alcohol would have been consumed. The Panel therefore concluded that the product encouraged irresponsible and immoderate consumption of alcohol and breached Code rule 3.2(f).

Additionally, the product implied a link between consumption and curing physical and mental ailments. On the front of the bottle it stated, “POSSIBLE SIDE EFFECTS: MAY INCLUDE EXTREME RELAXATION, GIDDINESS AND HAPPINESS.” The Panel therefore concluded there was a clear suggestion the product had therapeutic qualities and breached Code rule 3.2(j).

Commenting on the decision, the Chair of the Independent Complaints Panel, Nicola Williams, said: “It is wholly irresponsible to present an alcoholic drink as prescription medication and suggest that consumption of it can cure mental and physical ailments. In this case, the product also created a link to irresponsible and immoderate consumption which was particularly concerning when the product was encouraging consumption based on health grounds. Caution must be exercised with tongue in cheek marketing so that it does not breach the Code”.

The complaint was not upheld against three other Code rules that: the alcoholic nature of a drink should be communicated on its packaging with absolute clarity – 3.1; a drink should not suggest any association with bravado, violent, aggressive, dangerous, anti-social or illegal behaviour – 3.2(b); and should not have a particular appeal to under-18s – 3.2(h). The Panel noted:

• The bottle referenced gin six times and the label clearly stated the alcoholic strength of the product (3.1 – nature of alcoholic drink);
• There was no evidence the product had an association with dangerous behaviour (3.2(b) – dangerous behaviour);
• Given the product had sparkles in the gin, it could appear toy-like and therefore warranted further discussion under this Code rule. However, the Panel noted that neither the sparkles nor the overall appearance of the bottle possessed a particular appeal to under-18s as the sparkles were not the dominant feature of the product, nor did the product have childish imagery, sweet flavours, contrast colours or childish font, and therefore did not breach Code rule (3.2(h) – particular appeal to under-18s).

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For more information contact:

Joseph Meaden

Mobile: 07730 525 971

Responding to SHAAP’s report on alcohol sponsorship of football, Matt Lambert, CEO of the Portman Group, the alcohol social responsibility body and marketing regulator, said:

“SHAAP’s report shows that out of the 7,807 main sponsors identified, only 6.4% are alcohol-related in Scotland and 5.5% in England. It is not surprising that alcohol companies seek to sponsor the food and drink outlets in stadiums, which is why we assume that the report identified 72.5% of football teams having at least one alcohol-related sponsor/partner. This is to encourage consumers to choose their brand, rather than seeking to expand a market.

“The Portman Group has regulated alcohol marketing since 2003. We have a Code that ensures children are protected from alcohol marketing at sports, music and cultural events and that marketing is appropriate. This is an approach that we know works, with many producers using their brands to showcase responsibility messages at major events.

“Equally, there is a wider value in alcohol advertising and sponsorship funding for communities, business, and sports. We know that there has been an increase in advertising spend over the past decade in Scotland, while at the same time there has been a considerable fall in alcohol related harms and especially children’s drinking.”

Sources: Analysis of alcohol advertising and sponsorship marketing spend, alcohol consumption, and alcohol specific harms, Credos, August 2022; Scottish Government, November 2019

The Portman Group

The Portman Group is the social responsibility body and self-regulator for alcohol labelling, packaging and promotion in the UK. Our Naming and Packaging Code has over 130 Code Signatories who have signed up to support the Code from producers, retailers and membership bodies and it is funded by fourteen industry leading member companies. As the alcohol industry watchdog, we regulate the promotion and packaging of alcohol through a respected Code of Practice. The Portman Group also operates the first ever UK-wide Alcohol Sponsorship Code.

The Independent Complaints Panel

The Portman Group operates an open and accessible complaints system allowing anyone to make a complaint against any product, promotion or alcohol sponsorship that they consider is in breach of the Codes of Practice. It is not the role of the Portman Group to decide whether a product/promotion/sponsorship agreement is in breach of the Codes. All complaints are considered by an Independent Complaints Panel (Panel), currently chaired by Nicola Williams.

Members of the Panel represent a diverse range of backgrounds and experience in order to provide perspectives across society. The Panel’s role is to weigh up the arguments put forward by the complainant and the drinks producer; to evaluate these against the rules of the Code; and to decide whether the Code rules have been breached. All Panel decisions are published and effective sanctions are in place to ensure that these decisions are enforced. The Panel is a company limited by guarantee.

Positions vacant

We are seeking two new Panel members to replace two members whose terms of appointment will be coming to end.

In order to keep a balance of expertise and experience, we are particularly interested in applicants with alcohol industry experience; an applicant who is or was directly employed by alcoholic drinks producer or has sound knowledge of the UK alcohol self-regulatory marketing framework.

Panel members are required to have sound judgement; good communication and listening skills; a reasonable awareness of alcohol issues; a balanced view of alcohol’s role in society; and to be genuinely independent and objective in their thought and approach.  To ensure that the Panel is diverse we welcome applications from anyone who believes they would enjoy the role, there is no required level of experience, and we encourage applications from anyone over the age of 18 who meets the above criteria.

Restrictions

No Panel member or their immediate family may be employed by The Portman Group, any of its full member companies or Drinkaware.

Commitment required

The Independent Complaints Panel meets a minimum of six times per year.  These posts will be active from 1 March 2023. The relevant meetings dates for 2023 are:

16 March

11 May

6 July

28 September

30 November

The meetings usually take place in central London (typically London Victoria) subject to any Covid restrictions that may apply.  Meetings usually fall on a Thursday and run from 12:30 – 15:30. A sandwich lunch is provided. Prior permission for absenteeism from Panel meetings must be gained from the Chair.

As a member of the Independent Complaints Panel, you agree to be a Director of the limited company; and, your directorship will be notified to Companies House.

You also agree to sign a non-disclosure agreement meaning that any information the Portman Group shares with you is confidential and you agree not to disclose or share this information with anyone else without first gaining permission from either the Portman Group or the Panel Chair.

Duration of term

The successful candidate will be appointed to serve a three or two-year term depending on the needs of the Panel.  Panel members may be re-appointed for an additional term at the discretion of the Chair. No Panel member shall serve more than six years in total.

Training

There is initial induction training for new Panel members.

Remuneration

Panel members are paid an honorarium of £4000 per annum plus the reimbursement of reasonable expenses.

Diversity

Panel membership represents a diversity of background and experience.  We welcome candidates of any gender, race, religion and people with disabilities and those who live or work in England, Scotland, Wales or Northern Ireland.  Indeed, we welcome all candidates who are aged 18 and over and are able to devote the necessary time to the work.

Power of appointment

Appointments to the Panel are made by the Chair and the Portman Group following an open recruitment process.  In choosing Panel members, the Chair aims to achieve a complement of skills and background.    All members of the Panel are different and bring differing experience, knowledge and abilities.

The decision on appointments is final and no correspondence will be entered into once the decision is made.

Role Requirements

• Analytical skills and judgement

Candidates should be able to demonstrate experience in analysing arguments and exercising sound judgement.

• Communication and listening skills

Candidates should be able to put a case persuasively in a small meeting, while taking on board the perspective of others.

• Awareness of alcohol issues

Candidates should be able to demonstrate reasonable awareness and understanding of current issues of concern about alcohol.

• Balanced viewpoint

Candidates should have a balanced view of alcohol’s role in society and should not have any strong leaning or vested interest that might be perceived to prejudice their decision-making.

• Independent thinking

Candidates should be genuinely independent and objective in their thought and approach.

How to apply

Candidates should enclose a CV along with a covering letter explaining clearly how they meet the requirements of this role (above) and send this by e-mail to people@portmangroup.org.uk.

Applications without a cover letter will not be considered.

Applications must be received by Friday 2 December by 5pm.

Interviews with shortlisted candidates will be scheduled for 16, 18, 20 January 2023.

Further Information – The Portman Group’s Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks

The Portman Group’s Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks has been in operation since 1996. The sixth edition of the Code came into effect on 23 September 2019 following a wide-ranging review and extensive consultation period.

The Portman Group is one of three regulatory bodies that control the standards of alcohol marketing in the UK.  These three bodies effectively cover all alcohol marketing. The Code applies to the naming, packaging, marketing and promotional activity undertaken by a drinks producer for an alcoholic drink which is marketed for sale and consumption in the UK, and is not already subject to regulation through the ASA or Ofcom. This ensures consistent and seamless self-regulation across alcohol marketing.

The alcoholic drinks industry is committed to promoting its products in a socially responsible manner, only to those aged 18 and over and in a way that does not appeal particularly to those who are vulnerable.  The Portman Group has more than 160 Code signatories including producers, retailers and membership bodies. The Group is funded by seventeen member companies: Asahi UK Ltd; Aston Manor Cider; Bacardi; Brown-Forman; Budweiser Brewing Group UK&I; Campari; C&C Group; Diageo GB; Edrington UK, Heineken UK; Mark Anthony Brands International; Mast-Jäegermeister UK; Molson Coors Beverage Company; Pernod Ricard UK, SHS Drinks Thatchers Cider and Treasury Wine Estates.

The Code prohibits the marketing of alcoholic drinks to under-18s; the alcohol content of a drink must be communicated with absolute clarity; a product’s higher alcoholic strength must not be given undue emphasis; products must not encourage irresponsible or immoderate consumption; products must not encourage rapid or down-in-one drinking; there must be no association with illegal drugs, bravado, aggression or anti-social or illegal behaviour; products must not suggest any association with sexual activity or sexual success; products must not cause serious or widespread offence.

The Portman Group’s Code of Practice Alcohol Sponsorship

In January 2014, The Portman Group launched the first ever UK-wide Sponsorship Code which commits producers to promote responsible drinking and/or support diversionary activities as part of their sponsorship agreement. This can be in the form of bar staff training and investment in grassroots sport.

The Portman Group’s Independent Complaints Panel (Panel) is seeking two new members to help consider complaints brought forward on the naming, packaging, promotion and sponsorship of alcoholic drinks in the UK.

The Portman Group operates an open and accessible complaints system allowing anyone to make a complaint against any product, promotion or alcohol sponsorship that they consider is in breach of the Codes of Practice. All complaints are considered by the Panel, currently chaired by Nicola Williams, and the Portman Group serves as the secretariat to the Panel. Since the Code was first published, over 170 products have been amended or removed from the market.

Panel membership consists of two terms across six years, and vacancies will replace two members whose terms of appointment will be coming to an end.

Members of the Panel represent a diverse range of backgrounds and experience in order to provide perspectives across society. The Panel’s role is to consider the concerns raised by the complainant and the response by the drink’s producer; to evaluate the marketing or sponsorship against the rules of the Codes; and to decide whether a breach has occurred. All Panel decisions are published and effective sanctions are in place to ensure that these decisions are enforced. All recent decisions can be found here.

In order to keep a balance of expertise and experience, the Panel is particularly interested in applicants with alcohol industry experience; an applicant who is or was directly employed by an alcoholic drinks producer or has sound knowledge of the UK alcohol self-regulatory marketing framework.

The Chair of the Independent Complaints Panel, Nicola Williams, said: “I am honoured to chair a panel of talented and committed individuals, all devoted to ensuring alcohol is marketed responsibly in the UK. We are now seeking two new members to join us in this task and are particularly interested in hearing from those who have alcohol industry experience.”

The Independent Complaints Panel meets a minimum of six times per year. These posts will be active from 1 March 2023. Panel members are paid an honorarium of £4000 per annum plus the reimbursement of reasonable expenses.

For the full details and to apply, please click here.

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