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Complaint against Yes Gin not upheld
A complaint made by the Wine and Spirit Trade Association (WSTA) against the Scottish National Party’s Yes Gin has been quashed by the alcohol industry’s Independent Complaints Panel (ICP).
The complaint was made about Yes Gin under two of the Portman Group’s Code rules which raised concerns that the packaging did not communicate the alcoholic nature of the drink and had a particular appeal to under-18s.
The Panel considered the overall impression conveyed by the packaging. The ICP assessed the label and noted that while some elements could have been presented more clearly, such as the ABV of 40%, when considering the packaging in its entirety, the Panel noted there were several positive alcoholic cues.
In a new precedent for the rule, the Panel stated that decisions under Code rule 3.1 should be practical and proportionate and that while the drink’s ABV presentation was unlikely to comply with relevant labelling legislation regarding one element, for the purposes of the Code, there was additional clear, sufficient information to determine that the product was alcoholic.
These included the word ‘gin’, and reference to unit content and other alcohol health-related information, which on balance the Panel said sufficiently communicated the drink’s alcoholic nature with absolute clarity.
As there was nothing else on the packaging to cause consumer confusion, the Panel did not uphold the complaint under Code rule 3.1.
While the Panel noted that the word ‘Yes’ was displayed on the front and back of the packaging in block capitals and bright colours, it found this alone did not constitute a particular appeal to under-18s.
The Panel also noted that the bottle shape was typical for gin, and the rest of the label was simple in design and did not include elements such as cartoon imagery, thick bold lines or sweet flavours which could appeal to children.
The complaint was therefore not upheld under Code rule 3.2(h).
Commenting on the decision, the chair of the ICP, Nicola Williams, said: “Producers should always ensure that product information is clearly displayed on packaging and is readable to consumers. They should also consider how bright colours could appeal to children.
“In this case, it was clear from the overall impression of the product it was an alcoholic drink and did not have a particular appeal to children”.
In the August issue of The Spirits Business magazine, we spoke with the CEO of the International Alliance for Responsible Drinking about the measures being taken to promote the safe consumption of alcohol.