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- SA Breweries must, as of Friday, change the labels that sell part, but not all, of its Brutal Fruit line as a fruit drink.
- Competitor Distell, which sells alcoholic fruit drinks, has succeeded in a legal complaint that Brutal Fruit is actually a beer.
- For more stories visit www.BusinessInsider.co.za.
SA Breweries has until Friday, December 18, to change the labeling of two of its Brutal Fruit Spritzer drinks, to stop claiming them as alcoholic fruit drinks, because they are, in fact, beers.
An order from the Cape Town high court, following complaints from competitor Distell, should force the switch, with SAB prohibited from distributing, marketing, advertising and selling Brutal Fruit Spritzer and Brutal Fruit Strawberry Rougher Spritzer using the labeling describing the drinks such as “mixed fruit alcoholic” drinks.
Advertising on television, radio, billboards, store promotions and other platforms should be removed.
However, the court said the order does not apply to Brutal Fruit Apple, which is subject to complaint procedures before the Advertising Regulatory Board.
Rival Distell, which owns the Savanna and Bernini brands, earlier this year filed a complaint with the advertising regulator about the wording used on the Brutal Fruit Spritzer product, saying it was misleading consumers. He said the product was described as a “mix of alcoholic fruits,” when it is a corn-based beer.
Distell had lamented that SAB’s use of the phrase “alcoholic fruit mix” was too close to “fruit alcoholic drink”, which can legally only be produced by the alcoholic fermentation of fruit juice.
Distell said he was satisfied with the court’s endorsement of his position.
“These ready-to-drink products from Brutal Fruit have been promoted in a way that misleads consumers. The company believes in strong and healthy competition to support consumer choice, balanced with transparency about what’s inside their beverage to build trust and ultimately brand equity, ”said Distell.
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