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Dead Man's Fingers Super Spiced Rum, 70cl

£9.9£99Clearance
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The company concluded by stating that no breach of the Code had occurred due to the reasons highlighted above. this Super Spiced Rum is a bold reinvention of the sweet, smooth, and spicy spirit that’s made Dead Man’s Finger the UK’s top cult favourite rum. After discussion, the Panel considered that ‘super spiced rum’ was clearly a reference to the spiced flavour of the product as opposed to the product’s higher alcoholic strength. The complaint related to the colour contrast in the letters of the name Dead Man’s Fingers Tequila Reposado to show the word DANGER.

Dead Mans Fingers Spiced Rum 700mL - First Choice Liquor Dead Mans Fingers Spiced Rum 700mL - First Choice Liquor

The company then explained that whilst the colour of the bottle was dark, the lettering was overtly bright and playful, and that there was no reference to the word ‘danger’ within the product.In addition to this, the Panel considered the producer’s response which explained that the red flaming skull on the front of the bottle was chosen to reflect the spiced nature of the product and agreed that it was not a reference, either directly or indirectly, to the product’s higher alcoholic strength.

Dead Man’s Fingers products not upheld Complaint against Dead Man’s Fingers products not upheld

The Panel considered the producer’s response to the complaint which stated that flames were often used on food and drinks packaging to indicate that a product contained ‘hot’ spice. The company stated that the design was playful, which was in-keeping with the brand name and that it was its opinion that it was in no way threatening, violent, aggressive or dangerous and that the references to folklore could not be deemed to be anti-social or encourage illicit or illegal behaviour. The company explained that the Dead Man’s Fingers range was generally edgy and bold and that the name of the brand was a play on words relating to the inedible part of a crab.Pour into a glass filled with ice cubes and slowly drizzle over a teaspoon of Grenadine and decorate with a cocktail umbrella. The company stated that it respectfully disagreed that the Super Spiced Rum was in breach of rule 3. I then looked into some of their other products and see they do a super spiced rum with a skull on fire, which also illicit danger.

Dead Mans Fingers Spiced Rum Cocktails including Rum Punch 5 Dead Mans Fingers Spiced Rum Cocktails including Rum Punch

A drink, its packaging and any promotional material or activity should not in any direct or indirect way give the higher alcoholic strength, or intoxicating effect, undue emphasis. The Panel acknowledged that it was common for flames to be used to depict ‘heat’, however, the Panel also considered that the connotations of the skull on the bottle went further than this. DMF’s edgy design is integral to the success of the brand and often these good intentioned processes are open to abuse, by less successful competitors under a disguise of a consumer. Both products were considered under the rule regarding association with dangerous behaviour, whilst the rum product was also reviewed as to whether it gave undue emphasis to its higher alcoholic strength. In the absence of any imagery or written references to danger or dangerous activities the Panel concluded that the product did not breach Code rule 3.a), that a drink, its packaging and any promotional material or activity should not in any direct or indirect way give the higher alcoholic strength, or intoxicating effect, undue emphasis. In conclusion, the Panel considered that whilst the 43% ABV was clear on the front of the bottle this was proportionate and that there were no other visual or written cues that placed undue emphasis on the product’s higher alcoholic strength. The company further explained that the name was created in association with the Crab Shack Bar in Cornwall.

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