Company: United Brands Limited
Breach: No
Final Decision: 13 March 2002
Considered under the 2nd Edition of the Code.
Complaint summary
“I am concerned that this drink might appeal to children because of its bright colours and resemblance to chocolates that would mainly appeal to children. Even if it was not actual ly bought by a child, if kept in an unlocked cupboard in the home, it might easily be mistaken for a soft drink with potentially tragic consequences.”
Complainant
Member of the public, Berkshire
Decision
Under Code paragraph 3.1(a)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way suggest any confusion as to the alcoholic nature and strength of the product, but should clearly communicate the alcoholic nature of the product and its strength to the purchaser or consumer.
NOT UPHELD
Under Code paragraph 3.1(g)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way encourage purchase by or sale to under 18s.
NOT UPHELD
Under Code paragraph 3.1(h)
The brand name, product descriptor, packaging (including any containers and any external wrapping), labelling and point of sale materials of any alcoholic drink should not in any direct or indirect way be more likely to appeal to under 18s than adults.
NOT UPHELD
The Panel’s assessment
The Panel noted that the word “liqueur” appeared several times on the bottle and that the word “vodka” and a statement of the alcoholic strength appeared on the back label. All were clearly legible. For these reasons the Panel found that the alcoholic nature of the product was clearly communicated.
Hence, the Panel did not uphold the complaint under paragraph 3.1(a) of the Code.
The Panel noted that the packaging was brightly coloured and that there was some similarity between the design of the packaging and the graphics on some confectionery wrappers. However the Panel decided that overall, the packaging of the product was not likely to encourage purchase by or sale to under 18s and was not more likely to appeal to under 18s than adults.
Hence, the Panel did not uphold the complaint under paragraph 3.1(g) or 3.1(h) of the Code.
Action by company
No action required.