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.” 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. 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 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 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.

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). There must be no undue emphasis on the drink’s higher alcoholic strength, or intoxicating effect – 3.2(a); As a membership group that delivers alcohol and drug services daily to a large number of young clients, we feel the need to raise our concerns around this drink as It breaches numerous codes of conduct. Therefore, we are asking you to consider all points made above and take on board our recommendations to reduce both the alcohol and caffeine content and rethink the marketing strategies of this brand and particularly the impact it has on our young people and their health. Offshore Island deliveries will take longer than two days including Channel Islands, Isle of Man, Scottish Highlands and Islands and Scilly Isles. Inactive - Do very little exercise, going for the occasional walk (moderate pace, low intensity). Spend majority of leisure time doing activities such as watching TV, playing computer games, on the internet, reading, cooking, driving, general household chores.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. 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. The company stated that a company, whether it be a Code Signatory or member of the Portman Group, should be able to trust that a ‘final’ decision was final. The company explained that should the same product be subject to complaints of the same nature on more than one occasion, businesses would find it impossible to make medium to long-term planning and investment decisions. NIADA is the alliance which facilitates co-operation among voluntary and community sector organisations supporting those affected by alcohol and drug use, and their families. We as a collective membership group wish to submit a complaint about caffeinated alcoholic drinks.

B-group vitamins: Vitamins are essential micronutrients that are required for maintaining normal body functions. 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. 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. 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 caffeine content of the products was clearly stated and there was no indication the products were linked to potential therapeutic qualities, mood or behaviour changing capabilities or benefits (3.2(j) – link with therapeutic qualities). 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.”

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 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 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 company stated that it had respect for the work of specialist organisations like the Northern Ireland Alcohol and Drugs Alliance (NIADA) and supported the work it did to aid and educate the often vulnerable, under-privileged young people who were addicted to immoderate and dangerous behaviour with regard to substances and alcohol. However, the company stated that NIADA’s focus was narrow and specialised and its evidence that had been taken solely from its work with this particular group was not impartial.

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). 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. One 250ml can of Red Bull Energy Drink contains 80 mg of caffeine, about the same amount as in a cup of home-brewed coffee. The company stated that NIADA had made a number of unreliable observations, incorrect contentions and factual mistakes that the company wished to comment on.Moderate - On your feet for much of the day, either standing or occasional slow paced walking. Typical jobs: shop assistant, teacher, chef/cook, bar worker, engineer. 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.” Red Bull Energy Drink's special formula contains ingredients of high quality: Caffeine, Taurine, B-Group Vitamins, Sugars, Alpine Water.