Consultation Response

Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks

11 May 2012

CONTENTS

FOREWORD SECTION 1 BACKGROUND SECTION 2 KEY FINDINGS

Communication of alcoholic strength Sponsorship Use of images of under-25s in marketing

1 2

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

4 4 4

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. Thats why effective self-regulation is so important to prevent irresponsible marketing. The Portman Group Code is well recognised as a good example of selfregulation and has been commended by regulation experts, our European counterparts, and is referenced in the Governments 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 Governments 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

1. BACKGROUND
The review of the Portman Groups 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. Tonics report, featuring evaluation and analysis of the responses, along with all nonconfidential 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 Governments 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. 2

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 Groups 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 Groups 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.

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 Groups website www.portmangroup.org.uk, or follow us on Twitter www.twitter.com/portmangroup

Portman Group 11 May 2012