Four vodka pre-mixes from brewer Billson's have been pinged under the Alcohol Beverages Advertising Code for packaging that appeals to minors.
This is the third ping Billson's has received for its packaging due to the similarity of colours and product names to soft drinks and confectionery typically consumed by minors.
The complaint submitted to the watchdog ABAC (Alcohol Beverages Advertising Code Scheme):
"[Billson’s Musk] is alcohol that is candy flavoured. I would not want kids to see this. I think this is targeted at teenagers. It basically looks like soft drinks with all the colours. I notice that on their Instagram and their website there are many other products like this."
The company refuted the complaint saying Sour Scream was a one-off seasonal release for Halloween last year, as Candy Cane was for Christmas neither was pre-vetted at the time.
"Having implemented ABAC training and pre-vetting into our standard procedures earlier in the year, we believe that in hindsight, the combination of flavour name, colour and illustration style could be eye catching to minors and have since pre-emptively discontinued these flavours," Billson's said.
"Musk and Sour Blueberry both received pre-vetting. We don’t believe either has primary appeal to minors given the colours chosen, illustration style, and clear labelling of Vodka."
Sour Blueberry was pinged for being similar to a ‘fruit flavoured’ product packaging. However, the panel found this product to not breach the code standard, as the overall design of the product can is mature in nature and at most have incidental appeal rather than strong or evident appeal to minors.
"The background colours used are not overly bright and contrasting and the geometric shapes would not likely have a strong appeal to minors," the panel said.
"Blueberries are consumed across age groups, and are not a prevalent ingredient used in children’s desserts, or as a flavouring for ice-creams, cordials and confectionery items likely to have high consumption levels with minors as compared to adults. The use of the word ‘Vodka’ provides a strong alcohol cue such that the product would not be confused with a soft drink."
Sour Scream, a one-off seasonal release for Halloween last year, was pinged for an ‘occasion’ or ‘event’ themed product packaging and was found to breach Part 3 (b)(i) standard.
While the packaging does use a clear alcohol descriptor of ‘vodka’, the Panel noted that the combination of the following features would likely strongly attract the attention of minors because of the strong association with Halloween.
"The stereotypical pictures of ghosts (with pronounced whacky and goofy expressions), spooky bats and a haunted house, which as well as being associated with Halloween, are also similar to illustrations used in children’s books and animations would likely be strongly relatable to minors," the panel said.
"Taken as a whole, a reasonable person would probably understand that the packaging has strong or evident appeal to minors."
Candy Cane, which was a seasonal release for Christmas 2022, was pinged for being a ‘confectionery’ flavoured product packaging and was found to breach Part 3 (b)(i) standard.
While the packaging does use a clear alcohol descriptor of ‘vodka’, the panel said the combination of the following features would strongly attract the attention of minors.
"The packaging imagery creates a strong association with well recognised Christmas tropes and would be relatable to minors," The Panel said.
"The descriptor and pictures of candy canes, which are a festive confectionery item consumed commonly by minors and would likely contribute to an illusion of a smooth transition to an alcohol product for a minor."
Musk was pinged as a ‘confectionery’ flavoured product packaging. However, the panel found this product to not breach the Code standard, as the overall design of the product can is mature and not particularly bright or contrasting.
"The label contains no reference to or illustrations of musk sticks confectionery and the packaging in colour and design does not resemble the packs in which musk sticks are sold," the panel said.
"The use of the word ‘Vodka’ provides a strong alcohol cue such that the product would not be confused with a soft drink; and taken as a whole the packaging would at most have incidental rather than strong or evident appeal to minors."
The panel believes ‘Sour Scream’ and ‘Candy Cane’ products have breached the code by having strong or evident appeal to children. The complaints for the other two products were dismissed.
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