Company: Halewood International Limited
Breach: Yes
Final Decision: 25 October 2002
Considered under the 2nd Edition of the Code.
Complaint summary
“The name of the drink clearly has pornographic connotations…In addition, the promotional activity for the drink is very much playing on the sexual connotations of the name…This is emphasised by the inclusion on the packaging of a so-called warning ‘Adult Use Only’…
We would like to submit a formal complaint against the product’s name and the related promotional activity in relation to both clauses 3.1(c) and (e) of the Portman Group’s Code of Practice – the suggestions associated are both sexual and anti-social.
We would also like to point out that if [as the manufacturer has allegedly claimed] “the name refers to its strength and its apple base”, then the product is also, in our view, breaching clause 3.1(b) by having as a dominant theme the strength of the drink.”
Complainant
Alcohol Concern
Decision
Under Code paragraph 3.1(b)
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 have as its dominant theme the alcoholic strength or its relatively high alcohol content.
UPHELD
Under Code paragraph 3.1(c)
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 association with violent, aggressive, dangerous or anti-social behaviour.
NOT UPHELD
Under Code paragraph 3.1(e)
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 sexual success or prowess.
UPHELD
The Panel’s assessment
The Panel noted that under paragraph 3.1(a) of the Code, producers had to clearly communicate the alcoholic nature of their products so that they would not be confused with non-alcoholic products. The alcoholic nature of a product could be clearly communicated without making the alcoholic strength of a product the dominant theme of the name and/or packaging. In this case, the Panel’s view was that the phrases “This label contains very strong liquid”, “Triple X” and “Ultimate Kick”, taken together with the relatively high strength of the product and the name, made the product’s alcoholic strength the dominant theme of the product’s packaging in contravention of paragraph 3.1(b) of the Code.
Hence the Panel upheld the complaint under paragraph 3.1(b) of the Code.
The Panel noted further that the company’s website stated that the product was being “marketed on its alcoholic strength”.
The Panel noted that the phrase “hard core” had several meanings, depending upon the context in which it was used. In this case, the name “Hard Core” taken together with the phrases “For Adult Use Only” and “Triple X” which, in the Panel’s view, were terms strongly associated with pornographic material, the Panel concluded that the name and packaging of the product were likely to be interpreted as referring to pornography. For these reasons, the Panel concluded that the product suggested sexual prowess in contravention of the Code.
Hence the Panel upheld the complaint under paragraph 3.1(e) of the Code.
The Panel did not consider that the product’s name or packaging suggested any association with violent, aggressive, dangerous or anti-social behaviour.
Hence, the Panel did not uphold the complaint under paragraph 3.1(c) of the Code.
Action by company
The company has stated its intention to amend the packaging in consultation with The Portman Group’s Pre-Launch Advisory Service to make it compliant with the Code.