Company: Brouwerij Huyghe, Belgium
Breach: Yes
Final Decision: 19 March 2007
Considered under the 3rd Edition of the Code
Complaint Summary
“I would appreciate your assistance in determining whether this product breaches your code of practice particularly section 3.2 (d), (f), (g) and (h). In an informal conversation, the retailer mentioned that in Belgium this product is bought by the consumers who apparently drink the contents and then undress the variety of ladies.”
Complainant
Buckinghamshire Trading Standards
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 paragraphs:
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.
3.2(g) A drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under 18s.
3.2(h) A drink, its packaging and any promotional material or activity should not in any direct or indirect way incorporate images of people who are, or look as if they are, under twenty-five years of age, unless there is no suggestion that they have just consumed, are consuming or are about to consume alcohol.
NOT UPHELD
The company’s submission
Neither the producer nor the importer responded to the complaint.
The Panel’s assessment
The Panel noted that the product label featured a young woman apparently wearing a swimsuit. The swimsuit, however, could be scratched off by the consumer to reveal the woman naked. The Panel considered that both this feature and the products brand name, Rubbel Sexy Lager, suggested an association with sexual success and therefore caused the product to be in breach of Code paragraph 3.2(d).
The Panel did not consider that the scratch and reveal feature encouraged immoderate or irresponsible consumption and hence did not find the product in breach of Code paragraph 3.2(f).
The Panel considered that the scratch and reveal feature would not cause the product to have a particular appeal to under-18s and therefore did not find the product in breach of Code paragraph 3.2(g).
The Panel considered that the young woman may have been under the age of 25 but that it was difficult to judge. They noted, however, that she was not drinking alcohol and nor did they consider there to be any suggestion that she had been drinking or was about to drink. They therefore did not find the product in breach of Code paragraph 3.2(h).
Action by Company
Beer Paradise said that they would stop importing the product.