A complaint against Glenmorangie A Tale of Ice Cream Whisky has been not upheld by the alcohol industry’s Independent Complaints Panel (ICP), the full decision can be read here.
The complaint, made by a member of the public, raised concerns that the product had a particular appeal to under-18s.
The Panel considered if the alcoholic nature of the drink was communicated on its packaging with absolute clarity, under Code rule 3.1 and whether the product had a particular appeal to under-18s, under Code rule 3.2(h).
The Panel first discussed relevant precedent cases, which had established that ice cream was deemed to have broad appeal across age groups. The Panel noted that whilst ice cream may contribute to the appeal that marketing had to children, it was often the combination of several factors that caused packaging to have a particular appeal to under-18s, rather than one element in isolation.
On considering the primary packaging, the Panel noted that the word ‘ice cream’ was the most prominent text on the front label of the bottle and was presented on a background of swirling pastel colours. However, the Panel considered that apart from a small cone pattern on the base of the bottle’s neck, there was no additional imagery which linked to ice cream.
Considering the secondary box packaging the Panel noted that the word ‘ice cream’ and ice cream imagery were prominently presented with the design incorporating multiple scoops of ice cream on one side and an image of a bottle that partially replicated an ice cream cone on another. The Panel discussed the appearance of both elements and acknowledged that the imagery created a stronger association with ice cream than the primary packaging. However, the Panel noted that the design employed muted colours, abstract design and a sophisticated font style with straight lined edges, all of which were not associated with designs aimed at children.
Therefore, after careful consideration, the Panel stated that neither the primary or secondary packaging had a particular appeal to under-18s and accordingly did not uphold the complaint under Code rule 3.2(h).
Chair of the Independent Complaints Panel, Rachel Childs said: “There is clear precedent that ice cream can have a broad appeal to all age groups. In this case the Panel was satisfied that the product packaging was targeted at adults and did not include bright contrasting primary colours, cartoon imagery or thick keylines which may have particular appeal to under-18s. The panel therefore concluded that Glenmorangie’s ‘A Tale of Ice Cream’ whisky packaging did not fall foul of the Code and did not uphold the complaint.”