Company: The Original Cider Company
Breach: No
Final Decision: 16 May 2008
Considered under the 4th Edition of the Code.
Complaint summary
“This would be caught by failure to comply with the spirit of the Code, enshrined in Section 1.6 of the Code which seeks to ensure that alcohol is promoted in a socially responsible manner”.
Complainant
National Association of Cider Makers
Decision
Under Code paragraph 3.2(a)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way have the alcoholic strength, relatively high alcohol content, or the intoxicating effect, as a dominant theme.
NOT UPHELD
Under Code paragraph 3.2(f)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way encourage illegal, irresponsible or immoderate consumption, such as drink-driving, binge-drinking or drunkenness.
NOT UPHELD
The company’s submission
The company said that the brand had been on the market for a number of years without attracting complaint. They asserted that Moonshine was another word for moonlight. They offered to delete the words “extra strong” from the label and add the words “drink responsibly”.
The Panel’s assessment
The Panel considered that the brand name was a clear reference to illegally produced alcohol. It considered, however, that this did not necessarily imply that the alcohol was especially strong, nor that the packaging, even before the company’s offered amendments, placed undue emphasis on alcoholic strength. Accordingly, it decided to not uphold the complaint under Code paragraph 3.2(a).
The Panel further considered that though the brand name clearly alluded to illegally produced alcohol, this did not encourage illegal or immoderate consumption. Accordingly, it decided to not uphold the complaint under 3.2(f).
Action by company
No action required.