Alcohol industry regulator has on Friday ruled in favour of the Scottish National Party (SNP) in a complaint made by the Wine and Spirit Trade Association (WSTA) against the party’s promotional YES Gin.
The Independent Complaints Panel of the Portman Group, the alcohol industry regulator and social responsibility body, dismissed the WSTA's allegations that the packaging did not communicate the alcoholic nature of the drink with absolute clarity and had a particular appeal to under-18s.
The Panel noted that while some elements could have been presented more clearly, such as the alcohol by volume (ABV) of 40%, when considering the packaging in its entirety, there were several positive alcoholic cues.
In a new precedent for the rule, the Panel stated that decisions on the alcoholic nature of the drink 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, reference to unit content and other alcohol health related information, which on balance sufficiently communicated the drink’s alcoholic nature with absolute clarity.
While the Panel noted that the word ‘YES’ was displayed on the front and back of the packaging in block capitals and bright colours, 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.
Commenting on the decision, the chair of the Independent Complaints Panel, 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”.
Created by an independent distiller, YES Gin is sold through the SNP channels only.
SNP also clarified that it has changed the label to rectify the concerns after the WSTA contacted them directly. The party, in its submission to the Panel, apologised for any potential breach of the Code and any relevant legislation, adding it was not intentional.
Brian McLister
