Tiny Rebel has eight products considered by the Independent Complaints Panel
With an unmatched number of complainants and products considered for one company, the Independent Complaints Panel reviewed eight Tiny Rebel products following separate complaints from the Metropolitan Police, Alcohol Focus Scotland and a member of the public.
Tiny Rebel, whose product Cwtch had previously been found to breach the Code in 2017 and 2019, received additional complaints in 2021 against: Bump ‘n’ Grind, Cali Pale, Cherry Bomb, Clwb Tropica (330ml can), Clwb Tropica four pack, Double 99, No Capes and Original Nuttah.
All eight products attracted complaints under rule 3.2(h): a drink, its packaging or promotion should not have a particular appeal to under-18s. The Panel considered each product on its own basis and made a careful assessment of the overall impression conveyed by the packaging in each case. Five were found to have a particular appeal to children. The Panel was especially concerned by designs that featured cartoon characters, made prominent use of Tiny Rebel’s bear logo or were themed around products popular with children such as sweets and 99 ice creams.
The Panel also considered a wide range of other concerns under the code. The Panel ruled that the name Original Nuttah, in conjunction with the imagery on the can, was likely to be taken as a derogatory reference to mental illness and was likely to cause serious offence. It also considered that the product name Bump ‘n’ Grind suggested a direct association with sexual activity. Its decision on Cherry Bomb reiterates the Panel’s view that elements associated with soft drinks, such as fruit or sweetie flavours and cartoon-like illustrations, can overwhelm ‘alcohol’ cues and prevent the product from communicating its alcoholic nature with complete clarity.
In total, six products were found to breach at least one rule whilst all complaints against two products, Cali Pale and Clwb Tropica’s 330ml can, were not upheld.
Complaints were received and upheld under the following rules:
3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.
3.2(d) A drink, its packaging or promotion should not suggest any association with sexual activity or sexual success; Strong sexual images will breach the Code even if nothing directly suggests that the drink enhances the drinker’s sexual capabilities.
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.
3.2(h) A drink, its packaging or promotion should not have a particular appeal to under-18s (in the case of sponsorship, those under 18 years of age should not comprise more than 25% of the participants, audience or spectators).
3.3: A drink’s name, its packaging and any promotional material or activity should not cause serious or widespread offence.
Complaints were also considered, but were not upheld, under the following rules:
3.1 The alcoholic nature of a drink should be communicated on its packaging with absolute clarity.
3.2(e) A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that consumption of the drink can lead to social success or popularity.
3.2(h) A drink, its packaging or promotion should not have a particular appeal to under-18s (in the case of sponsorship, those under 18 years of age should not comprise more than 25% of the participants, audience or spectators).
3.2(j) A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that the product has therapeutic qualities, can enhance mental or physical capabilities, or change mood or behaviour.
Bump ‘n’ Grind’
UPHELD complaint under 3.2(d) and NOT UPHELD under 3.2(h). Full decision here.
Cali Pale
Both the complaints under 3.1 and 3.2(h) were NOT UPHELD. Full decision here.
Cherry Bomb
UPHELD complaints under 3.1 and 3.2(h). Full decision here.
Clwb Tropica (330ml can)
Complaints were NOT UPHELD under 3.13.2(h), 3.2(e) and 3.2(j). Full decision here.
Clwb Tropica four pack
UPHELD complaint under 3.2(h). Complaints were NOT-UPHELD under 3.1, 3.2(e) and 3.2(j). Full decision here.
Double 99
UPHELD complaints under 3.2(f) and 3.2(h). Full decision here.
No Capes
UPHELD complaint under 3.2(h). Full decision here.
Original Nuttah
UPHELD complaints under 3.2(h) and 3.3. Full decision here.
Copies of the full decisions are also available https://www.portmangroup.org.uk/icp/ .
Following the Panel’s decisions Tiny Rebel are working with the Portman Group’s Advisory Service to resolve concerns with some of the products which have been upheld. Prior to all the ICP’s decisions being made, Tiny Rebel voluntarily chose to discontinue Bump ‘N’ Grind, Cherry Bomb, No Capes and Original Nuttah.
Commenting on the decisions, the Chair of the Independent Complaints Panel, Nicola Williams, said:
“Tiny Rebel’s product range has had problems across a range of areas, but in particular with designs that have a particular appeal to under-18s although this has not been its intention. It is essential that alcoholic products are aimed squarely at adults and clearly communicate their alcoholic nature. Equally importantly is the need to avoid widespread offence, particularly around mental health. We therefore welcome Tiny Rebel’s commitment to work to change the marketing, and to remove problematic products from the market. I very much hope that they will ensure future products adhere to the Code.”
Tiny Rebel were invited to comment and said:
“At Tiny Rebel we take all consumer complaints very seriously, as well as our wider social responsibility. We build in continuous quality at all levels which includes branding and promoting our beers. We’ll continue to work closely with the Portman Group and are committed to following their guidance. We’re delighted that they have confirmed that our Clwb Tropica IPA and Cali Pale Ale products are both fully compliant.”
The member of the public complainant said: “Good self-regulation is critical to the ongoing success of the UK alcoholic beverage industry. The industry has a responsibility to protect vulnerable young people from products that are not suitable for them. In upholding the complaints against Tiny Rebel Brewery, the Portman Group has demonstrated that it can provide effective leadership in the continued self-regulation of the alcoholic beverage industry.”