The Code of Practiceon the Naming, Packaging and Promotion of Alcoholic Drinks

4th Edition

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Foreword 2Introduction 3Definitions 5Rules for naming, packaging and promotion 7Complaints 8Enforcement 11Advisory service 13Annex 1: Best Practice Guidelines 15Useful contacts 19

CONTENTS

2 The Code of Practice

The Portman Group’s Code of Practicewas first introduced in April 1996. This is the fourth edition. It applies tothe naming, packaging and promotionof alcoholic drinks and provides aprocedural framework for influencing,regulating and controlling industrypractice.

The alcoholic drinks industry iscommitted to promoting its products in a socially responsible manner andonly to those over 18. The Code istherefore supported throughout theindustry, including producers,importers, wholesalers, retailers and trade associations.

Anyone can make a complaint againstany product or promotion that theyconsider is in breach of the Code.Complaints are considered by anIndependent Complaints Panel and its decisions are published. Sanctionsare available to ensure that the Panel’sdecisions are enforced.

Companies are encouraged to use thefree Advisory Service before launchingproducts or undertaking promotionalactivities, to help ensure that theycomply with the Code.

FOREWORD

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1.1 This Code seeks to ensure thatalcohol is promoted in a sociallyresponsible manner and only tothose over 18.

1.2 The Code applies to the naming,packaging and promotionalmaterial and activity of all pre-packaged alcoholic drinks whichare marketed for sale andconsumption in the UK.

1.3 The Code complements and isconsistent with the BroadcastCommittee of Advertising Practice(BCAP) TV Advertising StandardsCode, the BCAP Radio AdvertisingStandards Code and the BritishCode of Advertising, SalesPromotion and Direct Marketing(the CAP Code), all of which areadministered by the AdvertisingStandards Authority (ASA)1. The Code does not apply to anybroadcast or non-broadcastadvertising within the scope of the BCAP or CAP Codes. TheCode Secretariat may refer acomplaint received under thisCode to the ASA if it considersthat the complaint is moreappropriately dealt with under the BCAP or CAP Codes.

1.4 The Code does not apply towholesaler- or retailer-ledpromotional materials andactivities, other than where awholesaler or retailer is defined asa producer under paragraph 2.10.On-trade promotions, however,should comply with the Standardson Point of Sale Promotionsissued by the British Beer andPub Association, which are alsosupported by the Associationof Licensed Multiple Retailers.

1.5 The Code does not apply to any materials or activities whosepurpose is solely and clearly toeducate under-18s about the use and misuse of alcohol.

1.6 The Code is to be applied in the spirit as well as in the letter. In judging compliance with theCode, the matter should belooked at broadly and with regardto all the circumstances including(but not limited to) the drink and any other relevant matters,including the overall impressionconveyed.

1. INTRODUCTION

1 Ofcom contracted-out day-to-day responsibility for broadcast (TV and radio) advertising to the ASA and BCAP in November 2004. Ofcom acts as a backstop regulator to the ASA for TV and radio advertising.

4 The Code of Practice

1.7 It is the responsibility of allcompanies connected with thealcoholic drinks industry in the UK(whether as producers, importers,wholesalers or retailers) to complywith this Code. This includes theprovision of adequate andappropriate briefings to externalagencies from whom companiesmay commission design orpromotional work.

1.8 Companies may indicate theirsupport for the Code and theirwillingness to abide by thedecisions of the IndependentComplaints Panel by becomingCode Signatories. Not doing so,however, does not mean that theirproducts are outside theprovisions of the Code.

1.9 Drinks industry trade associationsmay also express their support forthe Code by becoming CodeSignatories.

1.10 The text of this Code supersedesall previous editions. Complaintsreceived on or after 1 January2008 will be considered under thisCode.

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2.1 For the purposes of this Code, thefollowing definitions apply.

2.2 An advertorial is any publishedmaterial, including websites,promoting a drink as a result ofpayment by the drink’s producer,even though that producer has no control over the content of the material. (NB If the material’scontent is within the control of the producer, it is regarded asadvertising and within the remit of the CAP Code, administered by the Advertising StandardsAuthority.)

2.3 Branded merchandise refers toproducts available in the UKbearing alcoholic drinks brandingwhich have been produced by, onbehalf of, or with the permissionof, an alcoholic drinks producer.

2.4 A company includes a sole traderand partnership.

2.5 A drink is a pre-packagedalcoholic drink above 0.5% ABV instrength. This includes a productdeveloped or marketed primarilyas an alcoholic ‘drink’, even if it isclassified as a foodstuff rather

than drink for the purposes oflicensing or customs and exciselegislation, or even if it appears to be solid or heavily textured (or can be made to be, forexample by freezing or shaking),rather than liquid.

2.6 A drink’s packaging includes itsbrand name, product descriptor,labelling, container, externalwrapping and other productsenclosed within the externalwrapping.

2.7 Point-of-sale material and activityincludes drink fonts and dispenserunits.

2.8 A drink is pre-packaged if it is in a branded container, including a barrel (i.e. a draught drink) orpermanent dispenser unit, readyfor serving or sale to the public.

2.9 A press release is any publishedstatement and attachments, inwriting or otherwise, issued by oron behalf of an alcoholic drinksproducer to the UK media andwhich serves to promote analcoholic drink.

2. DEFINITIONS

6 The Code of Practice

2.10 A producer is a company,including a wholesaler or retailer,which holds the trademark rightsfor a brand within the UK or hascontractual rights to distribute abrand within the UK towholesalers and retailers, orproduces a pre-packaged productwhich includes an alcoholic drink(i.e. a gift pack containing alcohol)even if they have no rightspertaining to that alcohol brand.

2.11 Promotional material and activityencompasses point-of-salematerial and activity, websites,sponsorship, press releases,branded merchandise, advertorialsand sampling whenever these aregenerated by the producer topromote a drink in the UK.

2.12 Sampling is an offer of analcoholic drink, free of charge, tomembers of the public in a publicplace (including licensedpremises), unless the premises arebeing used for a private function.

2.13 Sponsorship means the terms of an agreement or part of anagreement to support a livesporting or cultural product, eventor activity, in return for which thesponsored party agrees to beassociated with or promote thesponsor’s drink(s).

2.14 A website refers to any website,or part of a website, managed byor on behalf of an alcoholic drinksproducer for the promotion of theirbrand(s) primarily to the UKmarket and over which theproducer has editorial control.

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3.1 The alcoholic nature of a drinkshould be communicated on itspackaging with absolute clarity.

3.2 A drink, its packaging and anypromotional material or activityshould not in any direct or indirect way:

(a) have the alcoholic strength,relatively high alcohol content,or the intoxicating effect, as adominant theme;

(b) suggest any association withbravado, or with violent,aggressive, dangerous or anti-social behaviour (thoughsponsorship of activities whichmay be dangerous after alcoholconsumption, such as motorracing or yachting, is not initself in breach of this clause);

(c) suggest any association with,acceptance of, or allusion to,illicit drugs;

(d) suggest any association withsexual success;

(e) suggest that consumption of thedrink can lead to social success or popularity;

(f) encourage illegal, irresponsible orimmoderate consumption, such asdrink-driving, binge-drinking ordrunkenness;

(g) urge the consumer to drink rapidlyor to “down” a product in one;

(h) have a particular appeal to under18s 2 (in the case of sponsorship,those under 18 years of age shouldnot comprise more than 25% of theparticipants, audience orspectators);

(i) incorporate images of people whoare, or look as if they are, undertwenty-five years of age, unlessthere is no suggestion that theyhave just consumed, are consumingor are about to consume alcohol;

(j) suggest that the product canenhance mental or physicalcapabilities.

3. RULES FOR NAMING,PACKAGING AND PROMOTION

2 An exception is made for replica sports kit in children’s sizes produced as part of a sponsorship agreement entered intobefore 1 January 2008. If this exception applies, a producer should ensure that unbranded alternatives are made availableby the sponsored party. Once that sponsorship term ends, any new or renewed sponsorships should be fully compliantwith paragraph 3.2(h).

8 The Code of Practice

The Independent Complaints Panel

4.1 The Chair of the IndependentComplaints Panel is appointed by the Chief Executive of thePortman Group. The Chairappoints other Panel members.The Panel shall not include anyperson employed by the PortmanGroup or any of its membercompanies.

4.2 Details of the Panel’s membershipare available on the PortmanGroup’s website or on request.The Chair plus two members ofthe Panel constitute a quorumand decisions are made bymajority voting. In the case of a tied vote, the Chair shall have a casting vote. Panel membersmust declare any interest in acase before considering it,whereupon the Chair will decide if it is appropriate for that memberto consider that complaint.

Making complaints

4.3 Complaints should be sent inwriting to The Secretary to theIndependent Complaints Panel,The Portman Group, 7–10

Chandos Street, CavendishSquare, London W1G 9DQ. If possible, evidence to supportthe complaint should be enclosed,such as a product sample ordetails of the outlet or activitiesinvolved.

4.4 The Portman Group keeps namesof members of the public whomake complaints confidential,except in exceptionalcircumstances when permissionwould first be sought from thecomplainant. Complaints fromcompetitors, however, are dealtwith on a named basis. ThePortman Group may itself be a complainant, in which case it would be named.

What happens when a complaint is made?

4.5 The Code Secretariat informs thecompany which appears to beresponsible. This will normally bethe producer but, in the case of adrink being sold in combinationwith other products within anenclosed package, may be thethird party responsible for thatoverall package. The Code

4. COMPLAINTS

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Secretariat will highlight the Codesection under which the particularcomplaint appears to fall. TheCode Secretariat may alsohighlight any other Code sectionwhich may be relevant. Thecompany is given 14 workingdays to respond in writing.

4.6 The Code Secretariat prepares a ‘dossier’ of information for andagainst the complaint. This is sentto both the company and thecomplainant, who both have up to 7 working days to make anyadditional comments. If thecomplainant raises any furtherpoints, the dossier is amended to include them. The company isgiven an opportunity to respondand any response is incorporatedinto the dossier. The final versionis then sent to both thecomplainant and the company.

4.7 The Panel meets to consider theproduct’s packaging or promotionafter having an opportunity tostudy the dossier. The Panel is notbound to restrict its considerationof the product’s packaging orpromotion to the narrow terms ofthe complaint but may consider

the packaging or promotion underany section of the Code that itconsiders relevant, regardless ofwhether this section relates to thespecific complaint or has beenhighlighted in the dossier by theCode Secretariat or otherwise.

4.8 In reaching its decisions, theIndependent Complaints Panelshall not be bound by the viewsexpressed or advice given by thePortman Group’s AdvisoryService.

4.9 The Panel may seek expertassistance at any stage. Shouldthis be required, the name of theexpert and details of his or heropinion are made available to thecompany, which will be given 14 days to respond in writing.

4.10 If the Panel does not find aproduct’s packaging or promotionin breach of the Code, thedecision is final, and both thecomplainant and the company willbe notified of the Panel decision.In cases where the Panel decidesthat there has not been a breachof the Code, the Panel mayconsider other complaints against

10 The Code of Practice

the same product which may bemade in the future, provided thatthey are based on differentgrounds or relate to amended ornew packaging or promotionalmaterial or activity.

4.11 If the Panel decides that aproduct’s packaging or promotionis in breach of the Code, thedecision is provisional. Thecompany is advised of theprovisional decision and, if itwishes to contest the provisionaldecision, it can do so bysubmitting further writtenrepresentations to support itscase within 14 working days ofnotification of the provisionaldecision. If a company does notchallenge a provisional decision,that decision will become final.

4.12 The Panel will consider anyadditional representations from thecompany and will make a finaldecision. The complainant and thecompany will be informed of thefinal decision. When the Panel hasreached a final decision it will notconsider further representationsfrom the company unless the

company presents freshinformation which becameavailable to it after the finaldecision.

4.13 All complaint decisions arepublished on the Portman Group’swebsite, via a press releaseshortly after decisions have beenmade final and in an annual reportwhich is submitted to theGovernment, alcohol interestgroups, police, licensingauthorities, the media andmembers of the public whorequest it.

4.14 The time limits set out above maybe extended or shortened at thediscretion of the Code Secretariat.Subject to the above points, thePanel will determine its ownprocedures, having regard to the principles of natural justice. In particular, the Panel will not bebound by any enactment or ruleof law relating to the admissibilityof evidence in legal proceedings.

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5.1 A company whose packaging orpromotion is found in breach ofthe Code will be asked to takeappropriate action to comply withthe Code in line with the Panel’sdecision.

5.2 In the case of a Code breachconcerning a drink’s packaging orpoint of sale material, a timetablefor implementing the necessarychanges will be notified in writingto the company concerned. Thetimetable will not normally exceedthree months after the notificationto the company of the final decisionand may be shorter, if appropriate.

5.3 The Code Secretariat may notifyretailers of the decision taken bythe Independent Complaints Paneland request them not to replenishstocks of either any productwhose packaging has been foundin breach of the Code, or anypoint of sale material found inbreach of the Code, after the datespecified by the Code Secretariat.For the avoidance of doubt, anysuch request will not requireretailers to dispose of existingproduct stocks other than bynormal retail sale and shall not

require retailers to terminate anyexisting contractual commitmentfor the purchase or sale of such a product.

5.4 Producers and retailers areencouraged to include a clause intheir supply contracts to providefor the amendment of a product’spackaging within a three monthperiod following an upheldcomplaint.

5.5 The Code Secretariat may alsonotify relevant breaches of the Codeto the Local Authorities Co-ordinatorsof Regulatory Services (LACORS);this may in some cases lead toprosecutions under appropriatelegislation, such as the FoodSafety Act 1990, the FoodLabelling Regulations 1996, etc.

5.6 Other appropriate third partiesmay also be notified of a Codebreach, for example internetservice providers, tradeassociations and monitoringorganisations.

5. ENFORCEMENT

12 The Code of Practice

5.7 If a retailer continues to stock aproduct or display point of salematerial which has been found in breach of the Code by theIndependent Complaints Panel,the Code Secretariat may notifythe relevant licensing authority and request it to take this intoaccount, subject to legalrequirements, when consideringwhether to grant, transfer, renewor revoke licences. The PortmanGroup may also notify theGovernment, trading standardsofficers and the media about aretailer’s failure to support thedecision of the IndependentComplaints Panel.

5.8 In the event that a Portman Groupmember company chooses not tomake the required changes totheir product, representatives shallbe asked to explain their positionto the Portman Group Counciland the company may be expelledfrom membership. Should anyCode Signatory other than amember company not adhere to aPanel decision, it may be removedfrom the list of Signatories by thePortman Group Council.

5.9 The Code Secretariat may remit tothe Independent Complaints Panelany product which has been thesubject of an adverse decisionand which has been amended bythe company concerned, butwhich, in the opinion of the CodeSecretariat, fails to take accountof the Panel’s objections.

5.10 In the case of a product remittedto the Panel following re-design,which in the opinion of the CodeSecretariat has not adequatelytaken into account the Panel’sfindings, the company will benotified and invited to make anyfurther written representationswithin 14 days. A decision willnormally be taken by the Panelwithin three weeks of thecomplaint being remitted.

5.11 If the Panel decides that theamended design does not meetthe Code’s requirements, theSecretariat may immediately issuea repeat notification to retailers,urging withdrawal of the productas soon as possible and an end to further orders withimmediate effect.

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6.1 As part of its responsibility inoperating the Code of Practice,the Portman Group offers a free,fast and confidential AdvisoryService.

6.2 The Advisory Service offers drinkproducers and importers anopportunity to seek advice, inadvance, about the packaging,including naming and labelling, of any alcoholic drink that they are planning to launch or re-launch or any promotional materialor activity that they are intendingto undertake that is covered bythe Code. This enables anyconcerns about possible breachesof the Code to be discussed anddealt with at an early stage.

6.3 Requests for advice should beaddressed to the CodeCompliance Advisor at thePortman Group and should beaccompanied by visuals of theproduct and/or full details of thepromotional activity. Advice isnormally given within two workingdays of the request beingreceived.

6.4 Although The Portman Group’sAdvisory Service is intended tohelp the industry avoid problems,there are a number of importantpoints that must be emphasised.

6.5 First, the Advisory Service doesnot constitute any kind of approvalor endorsement by the PortmanGroup.

6.6 Secondly, whilst it is meant toreduce the risk of complaintssubsequently being received, theAdvisory Service offers noguarantee that complaints will notbe received. The Advisory Serviceis independent of the IndependentComplaints Panel that considerscomplaints under the Code andadvice offered by the AdvisoryService does not bind theComplaints Panel to a decisioneither to uphold or to dismiss asubsequent complaint.

6.7 Thirdly, advice is non-binding andin no way affects a company’sown obligation to ensure that itsproducts and promotionalmaterials and activities complywith the Code. Any reliance

6. ADVISORY SERVICE

14 The Code of Practice

placed on the advice is at thecompany’s own risk. The advice isgiven without liability on the partof the Portman Group for any losssuffered as a result, howsoeverarising. The advice is given for thesole use of the company to whomit is addressed and no responsibilityis accepted to any third party forits contents.

6.8 Finally, advice is offered on aconfidential basis. The PortmanGroup therefore will not discloseto any third party any advice thathas been given and a companymust not use or mention thePortman Group’s advice as part of any advertising or promotionalmessage or present it as anendorsement of the product.

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This annex on Best Practice Guidelinesoffers advice on a set of sociallyresponsible actions that go over andabove the minimum standards requiredunder the Code. The annex is basedon best practice initiatives which thePortman Group’s member companieshave pioneered and implementedunder their Commitment to ActionAgreement.

The annex does not form part of theCode’s requirements and failure tocomply with the advice in this annex is therefore not a breach of the Code.Companies are nonethelessencouraged wherever possible to adopt this best practice and thusdemonstrate their commitment tomeeting their broader socialresponsibilities through their brandmarketing to encourage consumers to drink responsibly.

Unit Labelling

Unit labelling refers to the practice oflabelling alcoholic drink containers withthe number of alcohol units that theycontain. This information helpsconsumers assess their alcoholconsumption.

All key brands produced for sale andconsumption in the UK should be unitlabelled.

Detailed guidelines on unit labelling andartwork for the unit icons are availablefrom the Portman Group’s website(www.portmangroup.org.uk) or byemailing info@portmangroup.org.uk.

ANNEX 1:Best Practice Guidelines

16 The Code of Practice

Promotion of drinkaware.co.uk

Drinkaware.co.uk, a website createdby the Portman Group but which isnow owned and managed by theDrinkaware Trust, carries full andaccurate information on responsibledrinking in a format that is bothconsumer-friendly and easilyaccessible. Companies should,wherever possible, feature the websiteaddress on brand labels, advertisingand websites so that consumers arereadily directed to an authoritativesource of advice and information onresponsible drinking.

Companies wishing to make referenceto drinkaware.co.uk should first obtaina licence free of charge from theDrinkaware Trust (tel: 020 7307 7450).

Website Age-Verification Pages(AVPs)

An age verification page (AVP) is awebsite landing page which requiresvisitors to confirm they are of a certainage before they can enter the website.

It is impractical to require all visitors to undergo an external check beforebeing allowed entry to a site and it isrecognised that self-verification is opento abuse by the visitor.

Nonetheless, in the interests ofdeterring underage visitors anddemonstrating commitment to bestpractice, companies should requirevisitors to a dedicated brand website tonavigate an AVP before being allowedentry to the site.

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The method of AVP should require thevisitor actively to input their date ofbirth (e.g. from a drop-down menu)rather than allow access throughclicking a default option. This isbecause the former method is the moststringent and the most effectivedeterrent to under-18s.

If access is blocked because the visitorenters an age/date below 18, theyshould be given an appropriatemessage or directed to an appropriatealternative site (e.g. an alcoholeducation site for young people suchas www.talkaboutalcohol.com).Companies should not use patronisinglanguage or refer to the visitor to aclearly inappropriate website (e.g. a sitefor toddlers’ products).

Repeat visitors may be invited to set-upa “Remember me” option to facilitateeasier access to the site in future butthis invitation should be accompaniedby a reminder to the visitor to considerthe appropriateness of this option if thecomputer is shared with someone agedunder-18.

Corporate websites, used solely forcompany information rather than topromote a particular brand(s), do notneed to feature an age verification page.

Age verification is particularlyrecommended in relation to on-linesales of alcohol.

18 The Code of Practice

Influencing Retailers

Drinks producers can, through theirvarious marketing channels, help raisethe profile of, and promote their owncommitment to, the Code and itsprinciples.

Code Signatories may, if they wish,adopt the following line in trade presscommunications advertisements toshow their commitment to the Codeand its handling procedures:

“X is a Code signatory to the PortmanGroup’s Code of Practice on theNaming, Packaging and Promotion of Alcoholic Drinks”.

Companies should take all necessarysteps to ensure that their brands arenot used as part of irresponsiblepromotions. To this end, they shouldreview their terms and conditions ofsupply and promotion contracts to tieretailers as strongly as possible toresponsible standards of brandpromotion. An example of standardwording for inclusion in a contract isavailable frominfo@portmangroup.org.uk.

On-trade promotions should complywith the British Beer and PubAssociation’s Point of Sale Promotions:Standards for the management ofResponsible Drinks Promotionsincluding Happy Hours.

Staff Training

New product development andmarketing teams, as well as externaladvertising and PR agencies should befully aware of the Code and be regularlytrained on its application.

Code awareness training can be providedfree of charge by the Portman Group(contact info@portmangroup.org.uk). If training is provided in-house, regularchecks should be made with thePortman Group to ensure that it iscomprehensive, accurate and up-to-date. The Portman Group can providePowerPoint presentations to be usedin-house.

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Pre-launch Advice

Drinks producers should seek free andconfidential guidance from the PortmanGroup’s Advisory Service beforelaunching a new product or promotionto help ensure compliance with theCode (see section 6 of the Code for fulldetails). Companies should also consultthe topic-specific Help Notes designedto help communicate the application ofthe Code and previous Panel decisions.At the time of printing, Help Notes areavailable on the following topics:• General interpretation of the Code• Multi-purchase, on-trade promotions• Sampling• Gift packs containing alcohol• Rapid or “down-in-one” drinking

Help Notes can be downloaded fromour website www.portmangroup.org.ukor by emailinginfo@portmangroup.org.uk.

Drinkaware Trust

The Drinkaware Trust is an educationalcharity whose purpose is to positivelychange the UK drinking culture. It is aunique partnership between industryand the voluntary and public healthsectors. The Trust receives its fundingfrom voluntary donations by the drinksindustry. The Trust has target funding of £12 million over its first three years of operation (2007-9). Portman Groupmember companies have pledged toprovide the Trust with over £6 million ofthis. Companies are strongly encouragedto donate an appropriate amount to theTrust to enable it to carry out itsvaluable work to the maximum effect.

Useful Contacts

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The Advertising Standards AuthorityMid City Place71 High HolbornLondonWC1V 6QTTel: 020 7492 2222www.asa.org.uk

The ASA deals with complaints aboutadvertisements in both broadcast andnon-broadcast media

Committee of Advertising PracticeMid City Place71 High HolbornLondonWC1V 6QTTel: 020 7492 2100www.cap.org.uk

The CAP offers advice on non-broadcast advertising

Broadcast AdvertisingClearance Centre4 Roger Street2nd FloorLondon WC1N 2JXTel: 020 7339 4700www.bacc.org.uk

The BACC provides a pre-clearanceservice for television advertising

Radio Advertising Clearance Centre77 Shaftesbury AvenueLondonW1D 5DUTel: 020 7306 2620www.racc.co.uk

The RACC provides a pre-clearanceservice for radio advertising

British Beer & Pub AssociationMarket Towers1 Nine Elms LaneLondonSW8 5NQTel: 020 7627 9191www.beerandpub.com

The BBPA has published Standards forPoint of Sale Promotions in the on-trade

22 The Code of Practice

Portman Group7–10 Chandos StreetCavendish SquareLondon W1G 9DQ

T. 020 7907 3700F. 020 7907 3710info@portmangroup.org.ukwww.portmangroup.org.uk