Dr Von Hyde’s Herbal Liqueur breaches Portman Group code

Poison Distribution, which imports the drink, strongly denied the suggestion that the product was marketed as something that could enhance physical or mental capabilities.

Cellar Trends submitted the complaint about Dr Von Hyde’s because it believed that name of the product (use of the word ‘Dr’) and phrases in the product’s trade promotional material suggested the product could enhance mental and physical capabilities.

However, Poison argued that ‘Dr’ was commonly used without any misconception of medical benefits.

The Independents Complaints Panel (ICP) ruled that the use of ‘Dr’ did not seek to position the product as a medicine. It nevertheless considered that claims on the promotional material such as ‘for top patients only’ and ‘potions, preparations and cures’ did position the product as a medicine and, accordingly, found the promotional material in breach of the Code of Practice.
 
Henry Ashworth, chief executive of the Portman Group, said: “There is a tough self-regulatory Code in the UK which stops alcohol being marketed on the basis that it can enhance physical or mental capabilities.

“The Code is not in place to smother creative marketing, but the alcohol industry must abide by the regulations and demonstrate they can market their products responsibility.”
 
Poison Distribution has agreed to work with the Portman Group’s Advisory Service to amend its promotional material.