The Panel then considered specific flavour variants that it believed warranted further discussion, as the Panel considered that some flavour variants carried additional connotations that had not been captured in the Strawberry and Lime 2015 precedent or discussion so far. The Panel considered Dragon Soop Rhubarb and Custard and noted that the flavour was based on a traditional sweet and that the colour scheme of the pastel pink and yellow closely resembled these sweets. The Panel considered that there was a risk that this could have an appeal to under-18s. The Panel discussed a previous complaint case about Mr Gladstone’s Curious Emporium Range from 2017 which had a rhubarb and custard flavour. The Panel noted that the decision reflected that rhubarb and custard had a wide appeal and was not particularly appealing to under-18s. The Panel also noted that the decision noted a difference between using a sweet name as a flavour and marketing a drink in the context of sweets which Dragon Soop did not do. When considering the Dragon Soop Rhubarb and Custard flavour, the Panel concluded that the flavour had wide appeal and did not have a particular appeal to under-18s. The company noted that there were specific cues which had been defined by the Panel as possibly having a particular appeal to under-18s. ‘Bright, high contrast colours’ were an example and the company highlighted that many alcoholic brands featured colour schemes which could be described in this way. In contrast, the company explained that Dragon Soop was specifically designed not to be garish or particularly bright and that the different colours used throughout the range were to denote the various flavours within the range, as was common practice for flavoured alcoholic beverages. The company concluded by stating that it was important as a self-regulatory body that the Portman Group continued to be seen by all its members as demonstrably fair and transparent. The company noted that the Portman Group was obliged to proceed against a member company or Code Signatory every time a company was accused of a breach of the rules; regardless of who had made the complaint or however credible the complaint was. The company also explained that the Portman Group proceeded with breach procedure, even if the company had previously been cleared of breaching those rules. The company stated that the Panel’s decisions had far reaching consequences, which could potentially lead to a Retailer Alert Bulletin which resulted in the removal of a brand from all retail shelves.

Moderately active - Do light to moderate intensity exercise 3-4 times a week. E.g. going to the gym / swimming / cycling / horse riding / dance classes / playing golf. Daily dog walking (brisk pace, twice a day). The table below contains all postcodes on a two day service. Please note all deliveries to Northern Ireland are also on a 3-5 days service.The company then examined the second paragraph under the heading entitled ‘strength’ which stated that “the high caffeine intake along with the high alcohol intake masks the effect of drunkenness”, which the company stated NIADA had not provided proof of. The company stated that the formulation did not break any of the Portman Group’s rules and that the Portman Group must agree with this because according to an SHS Drinks’ press statement, the Advisory Service had been consulted by the company prior to the launch of WKD X, which was a drink that closely mirrored Dragon Soop, and was destined for major grocery outlets in May 2022. The communication of the products’ alcoholic strength had been conveyed in a factual and proportionate way and there was nothing on the cans that placed undue emphasis on the products’ higher alcoholic strength or intoxicating effect(3.2(a) – emphasis of higher alcoholic strength). Caffeine: Caffeine was already known by ancient civilisations. They consumed it from natural sources like tea, coffee, cacao beans and cola nuts and appreciated its stimulating effects on the human body. The company explained that at the time the complaint was made, Dragon Soop had 13 flavours, not 12 as stated by the complainant in the first paragraph under the header “Appeal to under 18s.” The company stated that at the time of its formal submission to the complaint, Dragon Soop now had 14 flavours.

The use of a dragon on all product artwork, along with the claw marks did not look aggressive and did not create an association with aggressive behaviour (3.2(b) – aggressive behaviour)Red Bull Energy Drink is appreciated worldwide by top athletes, students, and in highly demanding professions as well as during long drives. Taurine: Taurine is an amino acid, naturally occurring in the human body and present in the daily diet. It is involved in a wide range of biological processes. With regard to the research submitted by NIADA in support of its complaint, the company noted from previous Panel rulings the stringent standards that the Panel required when research was accepted. The company stated that it was confident that the Panel would agree that NIADA’s research did not meet these standards.