THE GIST
Tiny Rebel Brewing Company has again been censored by the Portman Group, accused of marketing an award-winning Red Ale to children despite spending thousands on legal costs and redesign. This time, however, the brewery is refusing to make changes requested by the U.K. watchdog organization.
Tiny Rebel’s Cwtch was first reviewed in 2017 by the Portman Group, a self-regulator for advertising in the U.K. alcohol industry, when it received a complaint that its bright yellow cans, emblazoned with a rainbow of colors and spray-paint design, were aimed at children under 18 years of age. The Portman Group’s Independent Complaints Panel upheld the complaint and requested several changes to the packaging, including removing the logo and spray cans while also toning down colors.
Tiny Rebel says it spent nearly £30,000 on legal costs and a redesign of the can, but has now been the subject of a similar complaint that was again upheld by the Portman Group—the first time this has ever happened. In its latest judgment, the panel noted that, while Tiny Rebel had made most of the requested changes, it “expressed regret” that the brewery had not moved the “teddy bear” to the side of the can—it’s worth remembering that the bear is Tiny Rebel’s logo.
This is the first example of the same product being examined twice by the Portman Group, which has gone head-to-head with breweries the likes of BrewDog and Beavertown Brewery in the past.
In response to the original complaint, which accused the brewery of “clearly [aiming] at teenagers to encourage them to take up drinking,” Tiny Rebel says that the colors and writing were inspired by 1960s psychedelia, and not an attempt to appeal to under-18s or appear childish. Tiny Rebel’s owners also questioned the phrase “teddy bear,” noting that the bear was frayed, wearing a hoodie, and had an “urban” look. The panel, however, dismissed this defense.
“In the Panel’s view, the presence of the teddy bear on the front of the can, coupled with the use in the design of a bubble font and bright primary colours, meant that the product had particular appeal to under 18s,” the Portman Group wrote in its summary.
WHY IT MATTERS
In a conversation with Good Beer Hunting as part of the publication’s Sightlines podcast, Tiny Rebel co-founder Bradley Cummings rejected the opinion of the panel and said he would not be making any changes. While the Portman Group has no statutory powers over producers, it can issue what it calls a “bulletin” to national stockists asking them to delist products if the suggested changes aren’t made.
“They have got you over barrel commercially, but we’re gonna hold our ground and take a stand because I don’t think we’re in the wrong this time around,” says Cummings. “We’ve gone through eight years of having Cwtch on the market and in the last year sold in excess of 1 million cans, and there has been no factual evidence of it appealing to under 18s.”
Whether the U.K.’s supermarkets will heed the call of the Portman Group this time around, and how much that will dent Tiny Rebel’s volumes, remains to be seen. In 2018, Scottish brewery Drygate Brewing Company fell foul of the under-18s section of the code with its core Pale Ale, Disco Forklift Truck. As an important listing for the brewery in large British grocery chain Tesco, the beer has since gone through a redesign, but Drygate was left frustrated by both the ruling and the process
“We’ll change the design, in the strange and minor ways that have been requested, although we can’t help feeling like it’s pointless,” wrote managing director Matt Corden on the brewery’s website. “But the biggest thing we’ll take from this process is that this regulatory group are having a disproportionate effect on creative and innovative craft brewers.”
Only 3% of Tiny Rebel’s volume is sold in the off trade, but the precedent this case sets will concern all breweries. It effectively means businesses can never be sure that their products aren’t in breach—even if they make changes recommended by the panel. The Portman Group offers free guidance to all producers to help them avoid complaints, but again cannot guarantee the advice will stop a product falling foul of the independent complaints process.
The Society for Independent Brewers (SIBA) voiced its support for Tiny Rebel and expressed concerns at the development.
“Self-regulation of the industry is important and in most cases works very well,” says SIBA chief executive James Calder. “But this episode highlights how the Portman Group and the code needs to work better for the U.K.’s small brewers. It is frustrating to see the Portman Group complaints panel force Welsh brewer Tiny Rebel through this process again, given that the brewery made recommended changes to their flagship Cwtch beer two years ago.”
Nick Dwyer, designer for Beavertown Brewery in North London, has been through the Portman Group complaints process three times with three different beers—Gamma Ray American Pale Ale, Neck Oil Session IPA, and Bloody ’Ell Blood Orange IPA. The individual complaints related to appealing to under-18s, and the name “Neck Oil” was also cited for encouraging people to down their drinks. All were dismissed by the panel after Dwyer proved that the inspiration and aim of the designs were based on cultural and historical references. The outcome and dialogue Dwyer received from the panel makes him believe that self-regulation is a much better alternative to government legislation, but he still thinks the system needs updating.
“It’s fit for purpose, [but] I think there still needs to be a far [greater] amount of rationalizing and learning to see the bigger picture,” says Dwyer. “I think we were among the first to use these bright-colored designs. [The Portman Group] are still a relatively young organization and so are most craft breweries; I think [the system] will evolve into something that’s better than it is now.”
Progress at the Portman Group has proved slow since the organization was founded in 1989. It took until this year to introduce a section to its code around “offensive marketing,” which highlights cases where a product or advert could leave people feeling marginalized.
Many smaller producers believe that the fact the Portman Group is sponsored exclusively by eight multinational alcohol companies—including Heineken, Bacardi and Diageo—means many of its decisions are at odds with the needs of most businesses in the sector—a belief refuted by John Timothy, its chief executive, in our Sightlines podcast.
In a Good Beer Hunting podcast, Tiny Rebel’s Cummings called for wholesale changes, while even Timothy accepts changes need to be made to include the voices of smaller producers, who are currently only ever heard when defending themselves. The Portman Group has been under intense pressure from all sides for most of its life, however, and is unlikely to accelerate the changes that breweries are calling for.
Words by Jonny Garrett