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A recent complaint about Marks & Spencer Group PLC’s Porn Star Martini was upheld by the Independent Complaints Panel (Panel). A copy of the full decision is available here. 

The complainant, the Portman Group acting in lieu of a member of the public, expressed concern that the product uses the word ‘Porn Star’ which links the alcoholic product to sexual success because ‘porn stars’ are idolised as people who have sexual success and are paid for doing so.

Reviewing the product in detail, the Panel believed:

  • Even though there was nothing else on the packaging which created an association with sexual activity, the name ‘Porn Star Martini’ was enough of an association because of the established definition of a ‘porn star’ – an actor/actress famous for appearing in pornographic films which by their nature contained sexual activity.
  • Since other retailers and online cocktail recipes, including those on the BBC’s site, referred to this alcoholic cocktail by name as ‘Passion Fruit Martini’, M&S did not need to refer to the drink as ‘Porn Star Martini’.

On this basis, the Panel accordingly upheld the complaint against the product under Code Rule 3.2(d) – that no drink should, in any direct or indirect way, suggest any association with sexual activity.

A Marks & Spencer spokesperson said, “Porn Star Martini is a common name for a passion fruit cocktail drink. Our product launched in September 2018 and quickly became one of our most popular cocktails. However, as a Portman Group co-signatory, we respect the ruling and will be changing the name to Passion Star Martini.”

Commenting on the decision by the Independent Complaints Panel, a Portman Group spokesperson said: “This decision by the Independent Complaints Panel reminds producers that they should always steer away from using imagery or names that are associated with sexual activity in marketing and labelling. Producers should think carefully about what is conveyed by the overall impression of the product and speak to our advisory service if in any doubt. We are pleased that the Marks and Spencer Group have been working with us to amend the name of the product.”

ENDS

For more information please contact:

Melanie Woodnick
Interim Director of External Affairs
020 7290 1463 or 07719 324021 or mwoodnick@localhost

Notes to editors:

  1. A copy of the full decision from the Independent Complaints Panel (Panel) can be read here.
  2. All complaint decisions made by the Panel are available on the Portman Group website.
  3. The Portman Group’s Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks applies to, all pre-packaged alcoholic drinks and the promotional activities of all drinks producers. A copy of the Code may be downloaded here.
  4. This complaint was considered under the fifth edition of the Code of Practice. The sixth edition of the Code was published on 4th March and will come into full effect on 23rd September 2019. Complaints received after 23rd September will be subject to the rules in the sixth edition.
  5. The Panel, which hears complaints, is chaired by Jenny Watson CBE. The other members of the Panel are: David Macdonald, Angela McNab, Rosalie Weetman, Jon Collins, Graeme Mckenzie, Claire Fowler, Daniel Jourdan and Rachel Childs. More information on the Panel can be found here.
  6. Since the Code was introduced in 1996, the packaging and/or marketing of over 140 drinks have been found to breach the Code. In the case of a Code breach concerning a drink’s packaging or point-of-sale material, a timetable for implementing the necessary changes – not normally exceeding three months – will be supplied in writing to the company concerned. Retailers may be notified of the decision taken by the Independent Complaints Panel and requested not to replenish stocks or point-of-sale material of any product found in breach of the Code, after the date specified by the Code Secretariat.
  7. The Portman Group provides a free and confidential Advisory Service for alcohol producers to check products prior to launch and seek advice on responsible alcohol marketing. Over 2000 separate advice requests have been answered since 2010. Email: advice@localhost.
  8. The Portman Group is the alcohol industry regulator. It is funded by its eight member companies: Bacardi Brown-Forman Brands UK; Budweiser Brewing Group UK&I; Carlsberg UK; Diageo GB; Heineken UK; Jägermeister UK; Molson Coors Brewing Company UK; Pernod Ricard UK.
  9. An image of M&S Pornstar Martini is available on request.