BuzzBallz has been reprimanded by the Portman Group after running an activation featuring a branded vending machine on London’s South Bank.
The ready-to-drink cocktail brand parked the three-metre ‘Gacha’ toy vending machine on the bank of the river Thames earlier this year, giving away samples of new flavours, alongside merchandise and ‘instant win’ prizes.
A member of the public reported the brand to the alcohol marketing watchdog, describing the machine as “dispensing BuzzBallz-branded Labubu toys, stickers and alcohol”, which could appeal to under-18s.
“I was shocked to come across an arcade machine on the South Bank in London, in late Feb, handing out free toys and alcohol,” they said. “How is handing out free alcohol from a huge arcade machine, covered in emojis and cartoon characters, socially responsible?
“I could see children immediately drawn to it. Finally, it was giving out free soft toys, the sort a five-year-old might like.”
Age verification defence
Assessing the evidence, the Portman Group’s Independent Complaints Panel said the activation “was clearly visible to anyone in the vicinity including under-18s even if they were not able to take part in the activity due to age verification checks for participants”.
It agreed that the vending machine closely resembled the toy and sweet-dispensing machines commonly found in arcades, shopping centres and leisure venues. These machines were “particularly popular with under-18s”, it added.
The BuzzBallz-branded machine featured “cartoon, emoji-like imagery, thick key lines, contrasting colours and a depiction of a branded toy Labubu”, which would appeal to under-18s, the ICP noted.
It also “expressed significant concern” about the availability of a branded soft toy as a prize. It was “wholly inappropriate for alcohol branding to appear on toy-like items that were known to appeal to children”, it said.
Therefore, despite the activation being restricted to adults via age-verification checks, it was found to be socially irresponsible and in breach of the Portman Group’s Code of Practice.
“Producers must be cautious when developing innovative promotional events. The many elements that made up this activity all had, in their own way, a particular appeal to under-18s,” said Rachel Childs, chair of the Portman Group’s Independent Complaints Panel. “Age-gating an event is not enough to ensure that a promotional activity will not have a particular appeal to under-18s.
“Producers must be mindful of where such events are held as well as making sure the activity does not incorporate elements which have a particular appeal to under-18s, such as machines that are well-known for dispensing toys and sweets.”
A spokesperson for BuzzBallz owner Sazerac said: “Sazerac strives to adhere to ethical, moral, and legal standards with our portfolio of brands.
“Our promotional Gacha machine was designed to reflect BuzzBallz’s brand’s packaging and personality – bold bold, fun, distinctive, and creative. BuzzBallz is an adult product, marketed exclusively to adults. In line with that, participation was strictly restricted to adults.
“Sazerac is committed to marketing our brands responsibly and promoting responsible consumption strictly for legal-age customers.”
Separate complaint not upheld
The complainant also alleged that BuzzBallz packaging, name and flavours were designed to appeal to under-18s, leading to a separate investigation into BuzzBallz Berry Cherry Limeade.
‘The product just looks like a toy,” the complainant said. “It’s shaped like a bright blue tennis ball, the name BuzzBallz sounds like an energy drink or action hero.
“Products like this should not be on sale in the UK. They are clearly appealing to underage drinkers.”
The ICP assessed whether BuzzBallz packaging was in breach of its Code of Practice by way of appeal to under-18s, as well as whether the product’s name or packaging encouraged irresponsible or immoderate consumption.
While the packaging shape bore a similarity to a ball, “not all balls were toys and would have broad appeal across all ages”, it said, adding the packaging also included a ring pull top and flat bottom base “identifying it as a drinking receptacle”.
Assessing the product’s flavour, the ICP said that “while Berry Cherry Limeade was predominantly a fruit flavoured drink, it had both a sweet and sour profile that was complex and could have appeal to a broad range of age groups”.
Therefore it did not have particular appeal to under-18s, it concluded.
Finally, the ICP said the phrase ‘buzz’ was “not enough to encourage irresponsible or immoderate consumption that would directly result in intoxication, particularly in the context where there was nothing else on the packaging which suggested this”.
Therefore the product was not found in breach of the code.
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