Company: Asda Stores Limited
Breach: Yes
Final Decision: 10 July 2001
Considered under the 2nd Edition of the Code.
Complaint summary
“I believe that this product may not comply with part 3.1 of your Code in that the product is more likely to appeal to under 18s than adults.”
Complainant
Kingston-Upon-Thames Trading Standards
Decision
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.
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
Under Code paragraph 3.3
A pre-packaged alcoholic drink/mixer combination must not use, or imply any association with, any name, brand name, or product description predominantly associated with under 18s; in particular, words such as lemonade and cola shall be used with the utmost care to avoid any possible confusion with drinks popular with under 18s.
NOT UPHELD
The Panel’s assessment
The Panel considered that jellybeans were predominantly associated with children rather adults. The Panel found that the jellybeans, which were clearly visible through the external packaging, and the name “Jellybean Shooter”, meant that the product would be more likely to appeal to under 18s than to adults.
Hence the Panel upheld the complaint under paragraph 3.1(h) of the Code.
The Panel found that the product could encourage underage sale and purchase for the same reasons that it considered that the product appealed more to under 18s than adults.
Hence, the Panel upheld the complaint under paragraph 3.1(g) of the Code.
The Panel considered that the alcoholic nature and content of the tequila were clearly communicated on the labelling of the bottle. Furthermore, the Panel found that shape and size of the tequila bottle were of the type traditionally used for spirit miniatures and that the alcoholic element of the product was clearly recognisable as such. Moreover the tequila bottle was clearly visible through the external packaging. For these reasons the Panel found that there was no confusion as to the alcoholic content of the product.
Hence, the Panel did not uphold the complaint under paragraph 3.3 of the Code.
Finally, the Panel noted the company‘s statement that the product was no longer available and that it would not form part of its Christmas 2001 gift range. The Panel pointed out that it considered complaints about products even where they were no longer available.
Action by company
The Panel is pleased to note the company’s statement that the product is no longer available and that it would not form part of its Christmas 2001 gift range.