The company stated that NIADA seemed to make the general case that high strength alcohol in and of itself caused anti-social behaviour. However, the company stated that if this was true, a well-known vodka brand with a 37.5% ABV would be far more likely to cause excess drinking and anti-social behaviour than Dragon Soop at 7.5% ABV. Alcohol can cause abnormal heart rhythms in the body, high blood pressure and can damage the heart muscle and cause other diseases such as strokes, liver problems and some cancers. Alcohol is also high in calories and can lead to weight gain and health-related issues in that sense (British Heart Foundation). Caffeine in large amounts can also have effects on the body and health, such as increased breathing and heart rate as well as increased mental activity and physical energy. The body can also become dependent on caffeine physically and psychologically and then feel withdrawal symptoms from it (Better Health Channel). Hence, excess levels of both can have adverse effects on health, especially young people. A drink should not suggest any association with bravado, violent, aggressive, dangerous, anti-social or illegal behaviour – 3.2(b);

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). For young people, both large quantities of caffeine and alcohol can be harmful and both of these together in one drink is very concerning. In addition to this, it is worth noting that one can contains more than double the daily recommended limit of caffeine and can exceed the limit of alcohol units daily.The company stated that NIADA could not claim to have knowledge of what ‘most young people’ did, as its day-to-day work and research was conducted with a very specific group of young people, all of whom had serious alcohol or substance abuse issues. The company explained that this research group could not in any way be seen to be representative of the population as a whole. The company argued that any extrapolations about the behaviour and attitudes of the wider population based on research carried out solely with this group would be skewed, misleading and far from impartial. 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. 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.

At NIADA we have serious concerns about these high caffeinated and alcoholic drinks, especially Dragon Soop, as so many young people are consuming this drink usually in large quantities. Our focus group concluded that while young people drink the cans, they also mix them with other substances. One 16-year-old female reported ‘they are sweet and fruity flavours they can be mixed with vodka’. 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 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) 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.” 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. 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 then highlighted that in the interim, with the future of Dragon Soop in limbo, SHS Drinks had declared in the trade press that in May 2022 it was launching WKD X, which closely mirrored Dragon Soop with an almost identical offering. The company highlighted a quote from the article that stated that WKD X “was developed in conjunction with guidance from industry watchdog the Portman Group.” The company stated that it understood it was against Portman Group rules for SHS Drinks to suggest that the Portman Group had endorsed its brand in this way, even when a producer had consulted with the Portman Group’s Advisory Service prior to launch. The company stated that it understood that Portman Group Code rules prevented disclosure of advice given by the Advisory Service. However, given the commented printed in the article that the “onus on getting the responsibility right” had been noted by WKD, the company stated that it was hard to imagine that SHS Drinks would have gone ahead with launching WKD X in its current form if the Advisory Service had advised that it breached any aspect of the Code. 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.

Contact Info

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.