UK Drinks Censor

The Portman Group is a trade organisation for the UK alcoholic drinks industry. It acts as the industry's censor of drink marketing and packaging. It reports:

A recent complaint about Beavertown Brewery's product, Neck Oil , was not upheld by the Independent Complaints Panel

The complainant, a member of the public, expressed concern that the product uses bright colours and that the name Neck Oil implies that the product is to be consumed in one i.e. necked. Furthermore, the complainant said that the colours used on the packaging are clearly aimed at the younger market and encourage irresponsible consumption .

The Panel firstly considered whether the product has a particular appeal to under 18s. The Panel discussed the colour palette and illustrations on the can design and noted that muted, instead of contrasting, colours had been used and that the artwork was sophisticated, and adult in nature. The Panel concluded that there was no element of the can that could have a particular appeal to under 18s and accordingly did not uphold the complaint with regards to under 18s.

The Panel considered the company's submission and acknowledged that the phrase neck oil was widely recognised as colloquial term for beer both within and outside the industry. The Panel noted that neck was used as a noun and did not consider that its use in this way suggested a down in one style of consumption. The Panel concluded that there were no visual or text cues to encourage irresponsible or down in one consumption and accordingly did not uphold the complaint with regard to encouraging consumption.

Nostalgic references to the sweets, clothes and cartoons of yesteryear saw a number of drinks fall foul of the alcohol marketing rules last year, according to the Portman Group's annual report.

The Chair of the Independent Complaints Panel, Jenny Watson CBE, has urged marketers to be careful if they use retro designs which appeal to an adult's inner child because they may inadvertently also appeal to children today.

Three of the five cases that came before the Independent Complaints Panel in 2017 were about the use of nostalgia-based designs with complainants concerned that references to retro sweets, clothes and cartoons could have particular appeal to children. In two of the cases, the complaints were upheld.

The majority of complaints received were under Code rules about particular appeal to under-18s and whether the alcoholic nature of the drink was communicated with clarity.

The Portman Group is currently updating its Code of Practice with the consultation running until the 6th July.

Drink censors from the Portman Group have ludicrously whinged at Spar for describing a range of wines as 'everyday drinking'. The phrase was used as marketing speak for commonplace and cheap. It was not used for any customer facing promotional material. The press release included the paragraph:

Matt Fowkes , SPAR UK Wine Trading Manager added: Our new 'Everyday Drinking' range at £5 and 'Varietals' range at £6 are a result of an extensive review of our SPAR Brand wine values. We are targeting customers who buy wine by their preferred style and key grape varieties. We've made selecting wine easier and more accessible for them.

The Portman Group published the following adjudication:

A complaint about two SPAR press releases promoting a new Everyday Wine range has been upheld by the Independent Complaints Panel (Panel) for indirectly encouraging immoderate consumption.

The complainant, Alcohol Concern Wales, believed that SPAR, by naming the range Everyday Wine, was alluding to drinking the product everyday, going against the Chief Medical Officers' Guidelines on Low Risk Drinking which advises people who drink regularly to have alcohol free days.

The Panel noted that the press releases were for the company's retailer audience and were not intended for consumer communication. The term everyday was used to position the product to retailers as lower priced wine. In both press releases the wording used appeared as everyday drinking which linked the messaging to daily consumption of the product. The Panel concluded that the phrase was creating a direct correlation between low price and acceptability of everyday alcohol consumption, although this may have been unintentional. When considered in the context of the 2016 CMOs' Guidelines the Panel agreed that the term everyday drinking was unacceptable under rule 3.2(f).

The Panel advised that all companies should carefully consider the language used in brand communications regardless of intended audience, because in a digital age there was always the potential for the communication to be seen by a wider group. In this instance, a different phrase to categorise the range could have been used.

The Portman Group welcomed SPAR's confirmation that they would not use the term Everyday Wine in either consumer or retailer facing communications following the Panel's decision.

The Portnam Group is a drinks industry panel which investigates complaints about the marketing of alcoholic drinks. The latest adjudication reads:

A complaint about the packaging of Old English Gin promoting excessive drinking has not been upheld by the Independent Complaints Panel (Panel).

The complainant believed that due to the fact that the product is sealed with a wine-style cork it is less practical than a more usual spirit closure --.and will encourage purchasers to drink the bottle more quickly than they would otherwise .

The Panel were presented with the bottle of Old English Gin sealed to gauge if it could be opened easily. The Panel proceeded to open the bottle and reseal it with the cork. Whilst disappointed with the Company's short response, the Panel found that the bottle was straightforward to reseal; with the brand name etched upside down on the cork so that when it was inserted into the neck the writing on the cork was the right-way up. The Panel noted this design feature and that the product was unlikely to deteriorate quickly and therefore would not encourage consumers to drink the product more quickly. 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.

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.

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.