ARB said Cactus Jack could have easily avoided any risk of confusion by using the wording “tequila sour blend” and “spirit cooler” on the front label of its product.
The Advertising Regulatory Board (ARB) has given the makers of alcoholic brand Cactus Jack three months from 16 April 2025 to change its label as it contains misleading information.
The front label of Cactus Jack reads “Tequila” and “Premium Distilled Tequila.” But the back label says “Spirit Cooler alcohol volume 12%.”
Tequila or Spirit cooler?
A consumer approached ARB, stating, “The front labelling does not mention that this is a spirit cooler. One presumes from the labelling that it is a genuine tequila.
“The labelling is misleading and only on close inspection, when turning the bottle around, do you find it is only 14% spirit cooler”.
According to ARB, Cactus Jack replied that it is not advertising the product as a “Neat Tequila” but rather that “it purely forms part of our label.”
Tequila label approved
Cactus Jack added that the product label complies fully with the relevant regulations and has been approved by the Department of Agriculture.
“It [Cactus Jack] is entitled to indicate the strength of the alcohol either on the front or back panel of the label, and it has chosen to do so on the back panel in font larger than the prescribed minimum size.”
The brand assured ARB that it does use tequila in its product and is compliant with all laws relating to this. The back panel also indicates that the product is a “tequila sour blend.”
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What is inside Cactus Jack?
Cactus Jack added that the product is of a “hazed slightly green nature” while a “neat” tequila would be labelled “tequila/spirit distilled from the agave with a minimum alc/vol of 35% in the case of aged tequila (Gold or Amber in appearance) and 43% in the case of Blanco or Silver (transparent or clear in appearance) Tequila as it is known”.
Cactus Jack’s reply also corrected a mistake made by the complainant: that the product is 12%, not 14%. However, ARB notes that the complainant made a typo, and the complaint is not affected by it.
Application of the Code of Advertising Practice
ARB added that to make their decision, they had to consider two clauses of the Code of Advertising Practice: honesty and misleading claims.
“So, while the Advertiser [Cactus Jack] is correct in stipulating the alcohol strength and class of alcohol in close proximity to each other, this does not mean that it can rely on the regulations to justify excluding important information relating to the nature and composition of the product from the front label of the product, if that exclusion is likely to create a false or misleading impression.”
ARB said it believes consumers would assume any product with a front label stating “tequila” and “premium distilled tequila” is pure or neat tequila with nothing blended into it.
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Avoided confusion
ARB said Cactus Jack could have easily avoided any risk of confusion by using the wording “tequila sour blend” and “spirit cooler” on the front label of its product.
“Using the claims ‘Tequila’ and ‘Premium Distilled Tequila’ when the product in question is not even simply a tequila blend but, in fact, a spirit cooler with only 12% alcohol, is unquestionably misleading.”
“The advertiser is instructed to amend its front label so that it does not create the impression that the product is pure tequila. The advertiser has three months to effect such an amendment, in terms of the Procedural Guide.
“Thereafter, members are instructed not to accept any advertising wherein the product is simply described as ‘tequila’ and/or ‘premium distilled tequila.’”
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