Consultation Response

Code of Practice on the Naming,

Packaging and Promotion of Alcoholic

Drinks

11 May 2012

CONTENTS FOREWORD 1

SECTION 1 – BACKGROUND 2 SECTION 2 – KEY FINDINGS 3

Communication of alcoholic strength

Sponsorship

Use of images of under-25s in marketing

SECTION 3 – EXPERT WORKSHOPS 4 SECTION 4 – NEXT STEPS 4 SECTION 5 – FURTHER INFORMATION 4

1

FOREWORD

Responsible alcohol producers are serious about tackling alcohol misuse as it

is in their long-term business interest to make sure that their products are

marketed and sold responsibly.

That’s why effective self-regulation is so important to prevent irresponsible

marketing. The Portman Group Code is well recognised as a good example of self-

regulation and has been commended by regulation experts, our European

counterparts, and is referenced in the Government’s recent alcohol strategy.

However, we cannot be complacent and it is vital that the self-regulatory framework

remains fit for purpose. It is five years since the Code was last reviewed in which

time the marketing environment has undergone significant change, including the

rapid growth in social networking and the use of digital media. Our self-regulatory

framework has continually evolved in response to these developments. Our pledge

to carry out a formal review of the Code under the Government’s Public Health

Responsibility Deal is part of this ongoing commitment.

I would like to thank those that responded in writing to our consultation and everyone

who attended one of our expert workshops. This level of expertise and engagement

is vital in helping us to conduct a comprehensive Code review.

The aim of this response is to provide an overview of the process so far and to

highlight the key areas on which we will focus as we develop the next edition of our

Code over the summer. We aim to publish the new Portman Group Code in Autumn

2012 and will then allow a period of six months before the Code comes into force in

Spring 2013.

As transparency is an important principle of good regulation, we are publishing all

consultation responses received together with the detailed analysis of these

responses from our independent consultants. .

If you would like to discuss the process or find out more about the regulation of

alcohol marketing, do get in touch.

Henry Ashworth Chief Executive, Portman Group

2

1. BACKGROUND

The review of the Portman Group’s Code of Practice on the Naming, Packaging and

Promotion of Alcoholic Drinks is to ensure that there are no regulatory gaps and that

the rules that govern alcohol marketing remain up-to-date and fit for purpose. The

consultation closed on 31 January following a 14 week public consultation period.

We received 49 submissions from a wide range of stakeholders including health,

voluntary and charity organisations, Government, alcohol companies and trade

associations. We appointed an independent firm, Tonic Consultants, to analyse the

consultation responses and to make initial recommendations to the Portman Group.

Tonic’s report, featuring evaluation and analysis of the responses, along with all non-

confidential responses to the consultation, can be found on our website

http://www.portmangroup.co.uk/?pid=44&level=2

2. KEY FINDINGS

The responses covered all aspects of the Code, and represented a good balance of

views with the health, voluntary and charity sector accounting for just over a third of

the responses, industry and trade associations accounting for a third of responses

with the remainder coming from other interested parties.

There was majority support for changes to be made in three key areas. We expect to

amend the Code in these areas and also produce detailed guidance to support any

rule changes.

These key areas are: communication of alcoholic strength; sponsorship; and the use

of images of under-25s in alcohol marketing. Further detail on these areas is

summarised below:

Communication of alcoholic strength

The Government’s Alcohol Strategy has provided a clear mandate to review any

rules which might currently inhibit the promotion of lower strength alcohol products

within their category. From the responses received, there was majority support that

the rule on alcoholic strength should be amended to allow better communication of

factual information about strength on product labels and in marketing. However, any

change in this area must not undermine the existing rule which prevents products

being promoted on the basis of high alcoholic strength or intoxicating effect. In

addition, there was general support for greater flexibility for marketing of products

with a relatively lower alcoholic strength within their category, including support from

the health and voluntary sector organisations.

3

Sponsorship

There was majority support for more detailed guidance on responsible sponsorship.

Furthermore there was majority support in favour of this guidance having some

binding elements, although it should mostly be non-binding. There was also general

support for Portman Group’s guidance to be consistent with the Scottish sponsorship

guidelines which have just undergone a comprehensive review.

Use of images of under-25s in marketing

There was majority support for amending the Code broadly in line with the Portman

Group’s proposal. This would clarify how images of under-25s could appear in

marketing material, for example individuals were not seen to be: consuming alcohol,

about to consume or having just consumed alcohol; not endorsing the brand; and

being only incidental to the marketing.

3. EXPERT WORKSHOPS

To develop detailed proposals and recommendations for these three elements of the

Code, we held expert workshops bringing together stakeholders and interested

parties with relevant expertise. The recommendations and outcomes from the

workshops will feed into the proposed new Code and supporting guidance

documents.

Responses also identified other areas of the Code which would benefit from further

guidance and clarity. Where changes to the Code are not considered to be

fundamental, guidance will follow in due course.

4. NEXT STEPS

We will be working on the new edition of the Code, and some of the supporting

guidance over the summer. We will also take the opportunity to undertake some

improvements to the layout of the Code.

We expect the new Code and guidance to be launched in Autumn 2012 with a six

month grace period to allow the industry to adjust to any new rules. The existing will

continue to apply during that time.

4

In the event that any new binding rules for a particular medium or activity are

required, we will embark on a further technical consultation exercise on that specific

element.

We will also be embarking on a training and awareness programme to bring the

industry and their agencies up to speed with any significant changes that may affect

them.

5. FURTHER INFORMATION

Further information can be found in the Code Consultation section on the Portman

Group’s website www.portmangroup.org.uk, or follow us on Twitter

www.twitter.com/portmangroup

Portman Group

11 May 2012