Company: Yours Alternatively Ltd
Breach:
Final Decision: 23 June 2003
Considered under the 3rd Edition of the Code.
Complaint summary
“The manufacturers claim that Roxxoff, with its combination of Russian Vodka and the aphrodisiac qualities of ancient Chinese herbs, will enhance the libido. We believe that claims of this sort contravene the code of practice as stated in 3.2 ‘A drink, its packaging and any promotional material or activity should not in any direct or indirect way: (d) suggest any association with sexual success; (i) suggest that the product can enhance mental or physical capabilities.’
We take the view that promotions of this sort send out a completely irresponsible message to the young drinkers and clubbers it is aimed at, and will only increase the likelihood of binge-drinking and unsafe sex.” – Alcohol Focus Scotland
Complainant
Alcohol Focus Scotland; The British Beer & Pub Association; The Salvation Army; Diageo Great Britain
Decision
Under Code paragraph 3.2(d)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with sexual success.
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 binge-drinking, drunkenness or drink-driving.
NOT UPHELD
Under Code paragraph 3.2(i)
A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that the product can enhance mental or physical capabilities.
UPHELD
The Panel’s assessment
The Panel considered that no part of the website in any direct or indirect way encouraged illegal, irresponsible or immoderate consumption, such as binge-drinking, drunkenness or drink-driving. Hence the Panel did not find the website in breach of Code paragraph 3.2(f).
The Panel considered that the website featured several direct and implied claims for both the product “Roxxoff” and its herbal ingredients which associated the product with sexual success. These claims included: “a totally natural blend of herbal aphrodisiacs”; “herbal libido boosters”; “What if we mixed quality Russian vodka with a scientifically blended concoction of the most potent and proven Chinese aphrodisiacs? Would we be creating a race of randy super beings…?”; and “…Horny Goat Weed. This flower’s aphrodisiac qualities were first discovered when a Chinese farmer noticed that every time his goats tucked into this particular plant frantic mating sessions followed almost immediately”. The Panel considered that the name of the product, “Roxxoff”, was a play on the well-known phrase ‘to get your rocks off’ meaning to achieve sexual satisfaction and therefore a direct association with sexual success. The Panel therefore found both the website and the product as presented on the website in breach of Code paragraph 3.2(d).
The Panel considered that several claims on the website including: “a unique formulation of herbal libido boosters”; “…the Chinese herbal ingredients interact with specific parts of the body – such as the kidneys and liver– to stimulate blood flow”; and “The stimulant effect of the vodka sets the pulses racing while ‘RF 10’ (the cocktail of herbal libido boosters) goes to work on the blood stream” as well as the name of the product, “Roxxoff”, suggested that the product could enhance mental or physical capabilities. Hence, the Panel found both the website and the product as presented on the website in breach of Code paragraph 3.2(i).
Action by company
The company agreed to make certain changes to the website following the Panel’s decision.