Red alert on switching

by Ewan Turney

Red Bull has won a landmark legal case in Scotland preventing pubs and clubs from passing off other products as Red Bull to unwitting customers.

Red Bull gained a temporary interdict against the owners of 12 establishments in Edinburgh, Aberdeen and Stirling who had been 'switch selling passing off other brands of energy drink to customers who had requested Red Bull without alerting them to the change.

Although only 12 establishments were involved, the decision is likely to affect licensees across Scotland and serves as a warning to those in England and Wales that they could face similar action.

Red Bull investigators visited 36 licensed premises between 31 March and 1 July 2005 and ordered a vodka and Red Bull. On 23 occasions, bar staff provided the investigators with vodka and another drink called Shark without notifying the investigator.

'Over the last five years, Red Bull has spent millions of pounds on advertising in the UK, said Colin Hulme of Burness LLP, representing Red Bull in court. 'As a result of this continued and substantial in-vestment, the name is one of the leading drinks brands throughout Scotland and the rest of the UK. Red Bull is determined to protect its investment in its valuable brand. The name is not generic it is associated exclusively with Red Bull.

Phillip Scatchard, UK director of the International Federation of Spirit Producers, said fines in England for offences can reach £5,000. 'Staff training is the key, he said. 'Pubs are not obliged to stock specific items but must inform the customer if they don't and recommend an alternative.

Under the new Licensing Act, licensees could be suspended for six months for switching.