Complaint against Dead Man's Fingers not upheld
Produced by Halewood Artisanal Spirits, both products were considered under the rule regarding association with dangerous behaviour, whilst the rum serve was also reviewed as to whether it gave undue emphasis to its higher alcoholic strength.
The complaints were made in relation to rule 3.2(b), that a drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest any association with bravado, violent, aggressive, dangerous, anti-social or illegal behaviour.
Additionally, the ICP considered DMF’s Super Spiced Rum under rule 3.2(a), that a drink, its packaging and any promotional material or activity should not in any direct or indirect way give the higher alcoholic strength, or intoxicating effect, undue emphasis.
Supportive of producers
With regards to the brand’s Tequila Reposado, the word ‘danger’, which was highlighted in contrasting colours on the bottle, was not considered to create an association with dangerous behaviour.
ICP Nicola Williams said: “We are supportive of producers being creative and using this in all aspects of a product and design, including naming.
“This case shows producers can be edgy to appeal to their customers as there was no association with dangerous behaviour.”
Furthermore, the panel considered whether the highlighted danger in the name was supported by other cues, given both products had a singular image of different types of skulls.
In reviewing both bottles, the panel concluded the skulls were used to create an edgy brand feel to appeal to its target market of young adults, with the overall impression of the bottles not creating an association, either directly or indirectly, with dangerous behaviour, and did not breach Code rule 3.2(b).
Open to abuse
Regarding the spiced rum product, which incorporated the product’s 43% ABV in red font on the front label, the panel considered if this, in combination with the word ‘super’, placed undue emphasis on the product’s higher alcoholic strength.
However, the Panel noted the supporting information on the pack sought to emphasise ‘super’ in relation to the spices in the rum, rather than the strength of the ABV and therefore did not breach Code rule 3.2(a).
A spokesperson for Halewood Artisanal Spirits said “We agree with the panel’s finding and, in our opinion, this was never a breach of the code.
“DMF’s edgy design is integral to the success of the brand and often these good intentioned processes are open to abuse, by less successful competitors under a disguise of a consumer.”
