Cellar Trends complained to the Portman Group about Dr Von Hyde’s Herbal Liqueur, saying the use of the word “Dr” and phrases in promotional material such as “things will just feel better”, “medication for the masses” and “cure for all”, suggested the product could enhance mental and physical capabilities.
Importer Poison Distribution denied that the product was marketed as something that could enhance physical or mental capabilities, and noted that the salutation “Dr” was commonly used without any misconception of medical benefits.
The Portman Group’s independents complaints panel ruled that the use of “Dr” did not seek to position the product as a medicine.
But it said claims on the promotional material such as “for top patients only” and “potions, preparations and cures” did position the product as a medicine and so breached its code of practice.
Portman chief executive Henry Ashworth said: “There is a tough self-regulatory code in the UK which stops alcohol being marketed on the basis that it can enhance physical or mental capabilities. The code is not in place to smother creative marketing, but the alcohol industry must abide by the regulations and demonstrate they can market their products responsibility.”
Poison Distribution has agreed to work with the Portman Group’s advisory service to change its promotional material.