The complaint, made by a member of the public, expressed concern about some of the product names, the cactus cartoon character and sweet flavours, which they felt could have a particular appeal to under-18s.
In addition, the complainant was concerned the Red Cherry Rebel product suggested it was “cool to be badly behaved”.
The complaints related to several Captain Jack’s serves - Red Cherry Rebel; Cola Kick; Electric Blue Raspberry; Fruit Salad Frenzy; Twisted Strawberry & Lime; Wicked Green Apple and Peach Pucker.
Strong appeal
All seven products were assessed individually and found to be in breach of the Code of Practice.
The Panel concluded the products breached advertising rules, stating the cartoon-style cactus imagery, bright colours and sweet flavours created a strong appeal to under-18s.
It also ruled phrases used on the labels, such as “anything goes from here”, “just add mates, music and a little chaos” and “turn unplanned moments into legend”, promoted irresponsible drinking by linking alcohol with chaotic behaviour and social success.
The phrase “shoot it straight” was also found to encourage drinking the product in one go.
However, the Panel did not uphold complaints about the flavour name Red Cherry Rebel, noting it did not necessarily imply anti-social or illegal behaviour.
Commenting on the conclusion, chair of the ICP Rachel Childs said the use of language was “especially important” to consider in this case.
Exercise caution
She continued: “Producers must exercise caution when using words or phrases that could, individually or in combination, encourage irresponsible consumption, down in one consumption or suggest a change in mood or behaviour.
“I would always encourage producers to contact the Portman Group’s Advisory Service and consult the detailed online Guidance when making changes to product packaging.”
A spokesperson from Fortitude Spirits added the brand was disappointed with the outcome but committed to complying with the Portman Group Code, adding it would work closely with the advisory team to amend the design while retaining the essence of the Cactus Jack character.
