Is it possible to make alcohol attractive just to adults … and not minors?

Is it actually possible to design an alcoholic beverage that strongly appeals to adults without tripping the Alcoholic Beverages Advertising Code Scheme (ABAC Scheme) compliance wire by also (inadvertently) appealing to minors?  

It’s not easy. Following the Hard Solo ruling, multiple clients have advised us that they have been knocked back by the ABAC Scheme’s pre-market vetting service. The pre-vetting service’s views as to what is appealing to minors seems to be much more conservative than the post-market review decisions by the ABAC Adjudication Panel.  

This article explores what’s changed, what you need to watch out for, and how you can keep your alcoholic products creative, compliant, and clearly adult-focused. 

What is the ABAC Scheme? 

Similar to the advertising industry’s self-regulatory system, the ABAC Scheme has created the ABAC Responsible Alcohol Marketing Code (the ABAC Code) and pursues compliance with this industry code through two key mechanisms: 

• Pre-vetting service: where designs, packaging, and campaigns get reviewed before public release.  
• Post-market compliance: triggered by complaints lodged with Ad Standards, an Adjudication Panel reviews marketing materials in the field.  

While the ABAC Code is not legally binding, the ABAC Scheme claims that its signatories represent “around 92% of alcohol producer and 65% of alcohol retailer media spend in Australia”.1 While the pre-vetting service is not mandatory, it is often required by major retailers who are signatories to the ABAC Scheme. 

Together, these two review mechanisms shape the upper and lower boundaries of what’s permissible. And following Hard Solo, those boundaries are now unambiguously narrower. 

What marketing aspects do post-market cases flag as appealing to minors? 

Clause 3 of the ABAC Code specifies the following prohibitions on alcohol marketing: 

An Alcohol Marketing Communication must NOT:  

(i) have Strong or Evident Appeal to Minors, in particular; 

(A) specifically target Minors;  

(B) have a particular attractiveness for a Minor beyond the general attractiveness it has for an Adult;  

(C) use imagery, designs, motifs, language, activities, interactive games, animations or cartoon characters that are likely to appeal strongly to Minors;  

(D) create confusion with confectionery, soft drinks or other similar products, such that the marketing communication is likely to appeal strongly to Minors; or  

(E) use brand identification, including logos, on clothing, toys or other merchandise for use primarily by Minor

Importantly (and in stark contrast to the factors that Ad Standards must consider when advertising targets children for the purposes of the AANA Children’s Advertising Code), the product get-up and marketing of an alcoholic beverage is assessed on its attractiveness to minors regardless as to whether a minor would ever legally be exposed to the marketing. In other words, the fact that an alcoholic product can only be purchased from a licensed vendor and all advertising of the product is required to be aimed at adults and a child may never actually see the alcoholic product in question, it must still be assessed as to whether it has a “particular attractiveness for a Minor”. 

What design elements have the Adjudication Panel flagged as attractive to minors? 

Unlike the pre-vetting service findings, the Adjudication Panel findings are published and from these determinations we can identify key design elements that increase the risk of the Panel finding that an alcoholic product is attractive to minors. 

Here’s what the Panel has consistently flagged as risky: 

• Flashy, playful, pastel, or rainbow colour palettes: that echo confectionery packaging. While more sombre, minimalist designs appear to be more adult-oriented, this risk factor could affect branding exercises that suggest things like tropics, warmth, beach, joy, etc. 
• Flavour names tied to sweets or treats: like milkshake, bubble-gum, sherbet, fairy floss, candy rainbow. 
• Fantasy motifs or cartoon-like imagery: unicorns, magical words, or childlike designs. 
• Formats that mimic kids’ products: think ice blocks, juice boxes, or soda can styles. 
• Youth-centric cultural references: current memes, slang, or youth-music trends. 
• Packaging closely resembling soft drink branding: even without explicit naming or flavour cues. 

Importantly, ABAC judges the overall impression, not just isolated elements. So, a bright colour alone isn’t usually forbidden, but pair that with sweet names and playful fonts, and you’re skating on thin ice.  

Notably, some bold, colourful packaging has passed muster when alcohol identifiers were prominent and the adult target was unmistakable, as we discuss further below. 

What has happened since the Hard Solo case? 

The Hard Solo episode in late 2023 was a watershed moment. Despite passing ABAC pre-vetting, the product was found to breach ABAC’s Part 3(b)(i) in post-market review. Why? Because of its similarity to the well-known soft drink Solo. The Panel concluded that minors familiar with Solo could interpret the alcoholic ready-to-drink version as an adult version, blurring the line between child-friendly and adult beverages.2  

The outcome was that the product was rebranded to Hard Rated, with Hard Solo packaging subsequently withdrawn from stores. Beyond that, the Hard Solo outcome sparked regulatory conversations: Liquor & Gaming NSW is now proposing to label any alcohol using elements from established soft drink brands as “undesirable”, potentially leading to outright bans. 3  

Even more strikingly, later determinations echoed that ‘hard’ in front of a sweet format may not be enough to signal alcohol, especially when paired with candy-type or soft drink names.4  

One key outcome of the Hard Solo case is that the ABAC pre-vetting service is taking a very conservative approach regarding any alcoholic product that even suggests a connection with a product category that is desired by minors (including soft drinks, juices, desserts, even energy drinks which are labelled as not for children) or a connection with a brand that is established with minors. 

Tips to avoid appealing to minors without stifling creativity or adult appeal 

Here are factors KHQ has identified as assisting alcohol designs and marketing in avoiding having “a particular attractiveness for a Minor beyond the general attractiveness it has for an Adult”. The following guidance comes from various Adjudication Panel Determinations. Referencing determinations can assist in swaying pre-vetting decisions. 

• Choose product names and key descriptors that clearly identify the product as alcohol and avoid references to desserts and sweets where possible 
• Bright colours aren’t off-limits, but balance them with sober design and make the adult-orientation instantly clear. 
• Use adult-only formats – avoid ice blocks, juice boxes, or soda-style cans.  
• If your beverage itself is brightly coloured, avoid transparent packaging (which is extremely frustrating for ready-to-drink cocktails and the current trend for vibrantly-coloured spritzes). 
• Beware brand familiarity – if you have an established brand in non-alcoholic categories, you may have to go to great lengths to distance your new alcoholic product from that established branding, which may defeat the purpose of developing the product in the first place.  

At KHQ, we help food and beverage brands innovate with confidence, whether alcoholic or not. If you’re developing new alcoholic products or reviewing existing ranges, we can help you navigate ABAC’s evolving compliance landscape while keeping your brand identity intact. Get in touch with our Food & Beverage team to discuss how. 

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