The UK advertising regulator has upheld a complaint against Sazerac, ruling that a BuzzBallz promotional activation had a “particular appeal” to underage drinkers.
The decision centres on a BuzzBallz-branded Gacha Machine installed earlier this year as part of a public promotion on London’s South Bank.
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Ready-to-drink cocktail brand BuzzBallz was acquired by spirits giant Sazerac two years ago.
The complaint was upheld by The Portman Group’s independent complaints panel, which considered whether the activation and the product itself breached marketing rules designed to protect under-18s.
Submitted by a member of the public, the complaint objected to the ‘Gacha Machine’ on the basis that it was “dispensing Buzzballz-branded Labubu toys, stickers and alcohol.”
It also argued that the large machine used emoji imagery and cartoon-style characters that were visible to people passing by, including children.
Both matters were considered under Code rule 3.2(h), which says that a drink, its packaging and any promotional activity should not have a particular appeal to under-18s.
A spokesperson for Sazerac said: “Our promotional Gacha Machine was designed to reflect BuzzBallz’s brand’s packaging and personality – 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.”
In assessing the promotion, the panel highlighted the location of the activation, saying that the South Bank is a popular public area visited by people of all ages, including families with children.
As a result, the machine would have been easily seen by under-18s in the surrounding area, even if age verification checks meant they could not directly participate.
“This is a precedent setting case of which I would encourage all producers to take note,” said Rachel Childs, the chair of the 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.”
The machine dispensed prizes including BuzzBallz-branded Labubu style plushies, stickers and BuzzBallz Berry Cherry Limeade.
The panel noted those items were intended to be taken away from the site, extending their visibility beyond the immediate event.
It also pointed to the machine’s visual design, describing it as brightly coloured, decorated with emoji-style motifs and marked with large blue and white lettering that created a striking contrast.
A prominent character resembling a Labubu-style toy was also featured, which the panel said was especially popular with under-18s.
Taken individually, those elements were each found to have a “particular appeal” to under-18s. Viewed together, the panel said they created an overall impression with a high level of appeal to that audience.
It therefore ruled that the promotional activity breached the code.
However, the panel did not uphold a separate complaint against the BuzzBallz Berry Cherry Limeade packaging. It said the ball-shaped container, ring pull top and flat bottom clearly indicated a drinking receptacle, while the sweet and sour fruit flavour profile was not judged to have a particular appeal to under-18s.
