Carlton & United Breweries (CUB) will change the name of its ready-to-drink alcohol lemon beverage Hard Solo to Hard Rated
This follows the release today of the Alcohol Beverages Advertising Code Scheme’s (ABAC) decision in response to complaints about Hard Solo
The watchdog determined the packaging of Hard Solo breached the Responsible Alcohol Marketing Code.
The decision follows multiple public complaints raising concerns that the brand name and can design of the product strongly appeals to minors.
Carlton & United Breweries was careful to devise a packaging design that identified Hard Solo as an alcoholic beverage and not a soft drink.
However, the ABAC Adjudication Panel believed a reasonable person would probably understand that as a household soft drink brand found in an estimated 1.7 million homes, stocked in supermarkets and convenience stores and marketed freely without the restrictions placed on alcohol products, Solo was an entirely familiar and relatable brand to minors.
Michael Lavarch, ABAC panel chair, said the panel decided the packaging breached the code by having strong or evident appeal to minors.
"This followed careful consideration of the public complaints and the detailed submissions from CUB, the producers of Hard Solo. The process involved CUB seeking a re-hearing of the panel’s earlier provisional determination," Lavarch said.
This decision was the first occasion the panel has been called upon to assess the packaging of a ready to drink (RTD) product with a brand name and core branding elements taken from a well-established and iconic soft drink brand.
"Using the Solo name and other branding features on Hard Solo would elevate the appeal of Hard Solo and create an illusion for minors of a smooth transition from the non-alcoholic to alcoholic variant of Solo," Lavarch said.
“Hard Solo was a novel case in that previous RTD packaging designs considered by ABAC had been built upon emphasising an alcohol type or a well-known alcohol brand being combined with a soft drink such as cola or ginger ale.
"Hard Solo packaging in contrast is led by the brand recognition of Solo soft drink. Because of the novel issue, the number of complaints spread over a month and the two-stage process for final decisions on brand names and packaging, the Panel determination was lengthy, and the process has taken several months to finalise. Most ABAC decisions are made within 30 days.”
CUB has accepted the decision and has stopped further orders for production of this packaging. Transition provisions apply to pre-existing stocks.
Tony Smith, ABAC independent chair, said he is satisfied that the Panel adopted a rigorous and considered process in making this landmark decision.
"The independence and integrity of the panel and its combined expertise in law, public health and media is crucial in ensuring that its decisions are consistent with the ABAC Code standards, that are developed to reflect community expectations," Smith said.
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