Complaint upheld against Passion Tang Sour Ale

A complaint against Lervig’s Passion Tang Sour Ale has been upheld by the alcohol industry’s Independent Complaints Panel (ICP), the full decision can be read here.

The complaint, made by Zenith Global Commercial Ltd, as part of the Portman Group’s independent proactive audit of the UK market^[1], raised concerns under Code Rule 3.1, that the product did not communicate its alcoholic nature with absolute clarity.

The Panel heard from the producer that the can was designed ‘in the round’ with no specific front or back and that the term ‘Sour Ale’ and the ABV (alcohol by volume) were present on the can. On examining the can the Panel noted that the design was fairly busy with an overt emphasis on passionfruit and that the positive alcohol cues were presented in relatively small font size on one side of the can.

The Panel also discussed the can size and the name and noted that the 330ml can and the name ‘Passion Tang’ are both associated with non-alcoholic soft drinks. They noted the inclusion of the descriptor and ABV as well as the pregnancy warning label but that these were in a small font size and were hard to read amongst the design of the can as a whole.

On considering all these elements, the Panel found that they detracted from the product’s alcoholic nature and could cause consumer confusion and so the Panel found that the packaging did not communicate its alcoholic nature with absolute clarity and accordingly upheld the complaint under Code Rule 3.1.

Chair of the Independent Complaints Panel, Rachel Childs, said: “It is not always enough simply to include positive alcohol cues. Producers must ensure that they are clear and sufficiently obvious to counter a significant emphasis on fruit imagery flavours, as was seen in this case.”

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For more information contact: katie.coakes@portmangroup.org.uk

Notes to editors  

1. Images provided

2. A spokesperson is available for interviews upon request.

3. The Portman Group was formed in 1989. It is the alcohol industry regulator and social responsibility body. It has over 160 Code signatories from producers, retailers and membership bodies.

4. The Portman Group is funded by 20 member and associate member companies: Asahi UK Ltd, Aston Manor Cider, Bacardi, Beam Suntory, Brown-Forman, Budweiser Brewing Group UK&I, Campari, C&C, Coca-Cola GB, Diageo GB, Edrington UK,  Heineken UK, Mark Anthony Brands International, Mast-Jäegermeister UK, Molson Coors Beverage Company, Pernod Ricard UK, Punch Pubs & Co, SHS Drinks, Thatchers, and Treasury Wine Estates.

5. The Code of Practice for the Naming, Packaging and Promotion of Alcoholic Drinks was first published in 1996. In 2021, we celebrated the 25th anniversary of the Code. The Code seeks to ensure that alcohol is promoted in a socially responsible way, only to those aged 18 and over, and in a way that does not appeal particularly to those who are vulnerable. The Code has helped create an industry that works effectively within the context of a self-regulatory model, while encouraging design, innovation and creativity. This has been done in an effective, responsive and inexpensive way.

6. Effectively – over 170 products have been amended or removed from the market. Many hundreds more have been helped to adhere to the Code before appearing on shelves through the support of the Advisory Service;

7. Responsively – there have been five updates to the Code over 25 years responding to changes in public attitudes and expanding its reach; all without recourse to Government or Parliamentary time;

8. Inexpensively – the leading members of the industry are currently funding the model for all to be protected at no cost to the public purse.

9. To find out more about the independent proactive audit of the Naming and Packaging of Alcoholic Drinks Code, Sixth Edition Amended visit our website. 

^[1] Part of the independent proactive audit of the Naming and Packaging of Alcoholic Drinks Code, Sixth Edition Amended

For more information contact: katie.coakes@portmangroup.org.uk

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