The company stated that it recognised that while each element of the marketing and design of Dragon Soop was important, the overall impression was the most important element to avoid direct or indirect particular appeal to under-18s. The company explained that Dragon Soop Venom was responsibly marketed, well understood by its target market and that ‘venom’ was a known flavour to its young adult target market. The company asserted that the Panel’s provisional decision was subjective and based on mistaken assumptions.

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.

Sour Apple, Blue Raspberry, Lemon Sherbet, Red Kola, Tropical Fruit Punch and New Venom. Sound refreshing? These are just some flavours of Dragon Soop. And what a cool name! In summary of the above, the Panel concluded that Dragon Soop Venom did breach Code rule 3.2(b), but did not breach Code rules 3.1, 3.2(a), 3.2(f), 3.2(h),3.2(j) or any other part of the Code. Action by company:

In conclusion for this section of the producer’s formal response, the company explained that NIADA had incorrectly stated that Dragon Soop ‘breaches numerous codes of conduct.’ The company stated that this was unfounded and noted that no evidence or detail was presented by NIADA to support this misleading statement. 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.” 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.

‘He thought it would have been out of his system’

With regard to the research submitted by NIADA in support of its complaint, the company noted from previous Panel rulings the stringent standards that the Panel required when research was accepted. The company stated that it was confident that the Panel would agree that NIADA’s research did not meet these standards. 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. In this case, the name and imagery created an overall impression that was over the line of acceptability. For these reasons, it was a breach of the Code.” 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.