UK Drinks Censor

Ten products produced by independent brewer Direct Beers Ltd have been found to breach the Portman Group's Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks.

The Independent Complaints Panel ruled that Cat Piss, Dog Piss, Bullshit, Dandelion & Birdshit, Big Cock, Arse Liquor, Puke, Shitfaced, Yellow Snow and Knobhead , all beers, breached the provisions of the Code.

All of the products were found to contravene Paragraph 3.2(h) of the Code, which states that drinks, packaging or promotional material should not have particular appeal to under-18s.

In addition, Puke, Shiitfaced and Knobhead were deemed to encourage illegal, irresponsible, or immoderate consumption (contrary to Paragraph 3.2f). Big Cock and Knobhead were found in breach for suggesting an association with sexual activity (contrary to Paragraph 3.2d); whilst Shitfaced and Yellow Snow were found in breach for suggesting an association with bravado, violence, aggression, or anti-social behaviour (contrary to Paragraph 3.2b).

Complaints to the Panel regarding Direct Beers' Grumpy Git and Lazy Sod products, however, were not upheld.

All of the complaints about Direct Beers were submitted by the Public Health Team at Newcastle City Council.

Direct Beers asserted that none of its products were intended to appeal to under-18s, and explained that the vast majority of its drinks were sold in person at retail events, where it operated a Challenge 25 policy.

The Panel was concerned, however, that frequent references to scatological humour, defecation, urination, genitalia, vomiting and other bodily functions could prove particularly attractive to under-18s. It also noted that this appeal was exacerbated by the cartoon illustrations shown on a number of the products.

Henry Ashworth, Secretary to the Independent Complaints Panel, said:

It is vitally important that alcohol producers ensure that their drinks do not in any way appeal to children, encourage violence, anti-social behaviour or immoderate drinking, or make references to sexual activity. There is a place for humour in alcohol marketing, as the Panel's decisions on Grumpy Git and Lazy Sod show -- but it is important to know where to draw the line."

Direct Beers has not yet confirmed whether it will make any amendments to its products.

A complaint about the packaging of Dragon Soop (500ml can) for encouraging immoderate consumption and appealing to under-18s has not been upheld by the Independent Complaints Panel (ICP).

The complainant, Middlesbrough Council Public Health Team, were concerned that the product encouraged irresponsible consumption as it contained the UK Chief Medical Officers' (CMO) daily unit guidelines for men (3-4 units) and exceeded that for women (2-3 units). The complainant also considered that the brightly coloured packaging, the cartoon dragon image and product flavour would appeal to younger people.

In considering the product, the Panel referred to previous rulings on 500ml cans and the wider societal context including the Public Health Responsibility Deal pledge which stated that signatories will not produce or sell any carbonated product with more than (4) units of alcohol in a single-serve can . It was noted that whilst four units of alcohol was on the threshold of the CMOs' lower risk daily guidelines for men (3-4 units) and above for women (2-3 units), taking into consideration all factors within the context of the case, they concluded that on balance the product did not encourage immoderate consumption. Accordingly, the Panel did not uphold the product under Code paragraph 3.2(f).

The Panel considered whether the product had a particular appeal to under-18s. The Panel noted that whilst some of the colours were bright, the imagery (including the dragon) was neither overly childish nor likely to particularly appeal to under-18s. The Panel therefore concluded that the product did not breach the Code.

A complaint about the packaging of 5 x 20ml bottles of Mmwah (mixed flavour alcoholic drinks) produced by Harwood Drinks Ltd has been upheld by the Independent Complaints Panel (ICP) for particularly appealing to under-18s. The ICP did not uphold a further aspect of the complaint which suggested the packaging encouraged immoderate consumption.

The complaint was initiated by a member of the public who, believed that the cute size of the small bottles could lead to immoderate consumption by encouraging snacking on alcohol . The complaint also highlighted the style of writing, flavours and size of the product packaging as appealing to a younger age group.

The ICP considered the packaging under paragraph 3.2(f) (encouraging illegal, irresponsible or immoderate consumption) and 3.2(h) (having a particular appeal to under-18s) of the Portman Group's Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks.

In considering whether the packaging encouraged immoderate consumption, the Panel noted that the total alcohol content of all five 20ml bottles was 1.5 units. Accordingly the packaging was not considered to encourage immoderate consumption and was not upheld under Code rule 3.2(f).

The Panel then considered whether the product had a particular appeal to under-18s. The Panel discussed the style of font, product name, colour and imagery used on both the primary and secondary packaging. They considered each aspect individually and also the overall impression conveyed by the packaging. The Panel concluded that the style of font, bright colours, language and miniature size combined would have particular appeal to under-18s, particularly young girls. Accordingly, the Panel upheld the complaint under code paragraph 3.2(h).

Secretary to the Independent Complaints Panel, Henry Ashworth said:

When creating packaging and design for an alcoholic product, it is important to consider how all the elements combine so that, however inadvertently, the packaging does not end up having a particular appeal to under-18s. The Portman Group Advisory Service is on hand to provide free and confidential advice regarding the marketing and packaging of alcoholic products.