Dragon Soop Peach & Raspberry 500ml, Case of 8

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The company agreed that four participants in the focus group had provided quotes that demonstrated they used Dragon Soop irresponsibly, and for one participant, immoderately. However, the company stated that the participants in this focus group were young people with known alcohol abuse problems and so whichever alcoholic drink they chose, it would be likely that they would consume it irresponsibly and immoderately. The company stated that whilst their responses were wholly regrettable, they were not surprising and could not be admissible because they constituted a skewed unrepresentative sample. The company explained that if NIADA had put together a similar small sample group of its clients who preferred other types of alcohol such as rum, vodka or cider, and were then asked about their abuse of that drink, they would likely give similar answers. The Panel then considered Dragon Soop Red Kola further under rule 3.2(h). The Panel noted that the name Red Kola sounded similar to the retro sweet ‘Cola Cubes’. However, the Panel considered that any reference to the sweet name was purely incidental, but that even if there was a link, the Panel concluded that ‘cola cubes’ as a flavour had a wide appeal and did not appeal particularly to under-18s. 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 high strength content encourages binge and excessive drinking and leads to irresponsible behaviour as most young people drink more than one can breaching the anti-social behaviour code of conduct. The high caffeine intake along with the high alcohol content masks the effects of drunkenness. Hence, young people don’t realise how intoxicated they are, which can lead to becoming unwell and engaging in risky behaviours.

The company stated that it recognised that while each element of the marketing and design of Dragon Soop was important, the overall impression was the most important element to avoid direct or indirect particular appeal to under-18s. It may be necessary to inform consumers that a product contains certain ingredients, for example high caffeine content, but this must be done in a factual and ‘non emotive’ way.” The company then explained that since Dragon Soop had been launched in 2010 there had only been three complaints in the intervening 12 years (the complaint from 2015 which was considered against Dragon Soop Strawberry and Lime, which was found not to be in breach of the Code, and the other two which were currently subject to investigation.) The company stated that this was a remarkably low figure for a brand that sold 13.6 million cans per year. Heavy - Active for much of the day, walking non-stop and carrying objects. Typical jobs: hospital/ward nurse, waitressing in a busy restaurant, cleaner, porter, labourer/construction worker, gardener, farm worker. Leisure Activity LevelThe 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).

Light - Have a job that involves long periods of sitting (office-based / driving) or are home-based and sitting for much of the day. Typical jobs: office worker, sales rep, bus/taxi/lorry driver.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. 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. Firstly, the company highlighted that NIADA had stated that it wished to submit “a complaint about caffeinated alcoholic drinks”, but that the organisation had only singled out Dragon Soop from a group of other caffeinated alcoholic drinks. The company stated that the organisation had done this based on the unscientific basis that Dragon Soop is what NIADA called “the more popular drink of choice.” There was nothing on any of the products that encouraged consumers to drink irresponsibly or immoderately (3.2 (f) – encouragement of immoderate, irresponsible, illegal consumption). The company explained that in 2015, Dragon Soop was fully investigated by the Independent Complaints Panel (Panel) under Code rules 3.2(f) and 3.2(h) which it found to not be in breach. The company highlighted that it had received a letter from the Chair of the Panel that there had not been any breach of the Code and that the decision was final.

Offshore Island deliveries will take longer than two days including Channel Islands, Isle of Man, Scottish Highlands and Islands and Scilly Isles. In the complaint headed paragraph ‘strength’, the company stated that NIADA had cited an unsubstantiated figure to make a subjective and misleading statement where it read “One day of drinking 3 and a half cans exceeds this limit for adults.” The company stated that the statement did not withstand rigorous scrutiny. The company explained that the same assertion could be used for any alcoholic drink which was abused by people with alcohol or substance abuse difficulties. The company highlighted that NIADA had not presented any evidence that people abused Dragon Soop more than they would abuse vodka, cider, wine or any other alcoholic beverage. The company stated that this information could not be relied upon, nor was indicative of the wider market, since the participants in the sample group were unable to limit their intake of alcohol.

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A factual statement that a product contains a particular ingredient, for example high caffeine content, is unlikely in itself to be problematic under the Code.” 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). Under the ‘Health effects concerns’ paragraph of the complaint, the company highlighted that NIADA had stated that “so many young people are consuming this drink usually in large quantities.” The company stated that this claim was based on shaky evidence of one small focus group made up of young, often under-age, substance and alcohol abusers. The company stated that there was no proof that Dragon Soop was consumed in greater excess than any other alcoholic drink. Additionally, the company stated that young people who did consume alcohol in great excess might reasonably be supposed to consume any popular alcoholic drink in large quantities. Red Bull Energy Drink is appreciated worldwide by top athletes, students, and in highly demanding professions as well as during long drives.