Distell, Africa's biggest wine, cider and spirits producer, has won a high court battle against rival SA Breweries (SAB), over SAB's use of "alcoholic fruit blend" to describe two of its Brutal Fruit Spritzer products. Distell said the drinks were made from maize and should be labelled ale.
After an agreement between the two companies, the high court in Cape Town interdicted and restrained SAB from distributing, marketing or selling the two variants as alcoholic fruit beverages.
The SAB products affected by the order include Brutal Fruit Ruby Apple Spritzer and Brutal Fruit Strawberry Rouge Spritzer.
News of the court order had Twitter in a fizz with opinions expressed from mainly young women consumers of the product.
Twitter user @monsieurponto said: "Did you know that Brutal Fruit is in fact a beer and not a 'fruit drink'? The Western Cape High Court has ordered SABMiller to change the labelling, today."
Fellow user @motso_63 responded: "The foam says it all mmh."
When another user, @CathrinePitsi, posted a video showing a Brutal Fruit drink in a glass with the kicker "Guess what I'm having", @KegoMM jokingly responded: "A very sweet beer."
Social media user @Mys_koki_M also quipped: "Makes sense how one sip and I'd be knocked out .. Ke beeerrr."
Distell said the high court decision followed an Advertising Regulatory Board (ARB) ruling on August 27 that "found that these Brutal Fruit ready-to-drink products, which are popular with younger female consumers, have been promoted by SAB in a way that is misleading consumers".
Asked for comment about the issue, SAB's corporate affairs department said in a statement that the description of Brutal Fruit Spritzer had been changed from an "alcoholic fruit blend" to a "fruit-infused ale" and that it expected to roll out the "refreshed packaging" from December 18.
Distell owns brands such as Nederburg wines, Savanna cider, Klipdrift brandy and Amarula liqueur.
The company said earlier this year that it had complained to the ARB in respect of the Brutal Fruit Apple Spritzer product "given that it was labelled, advertised and promoted in a way that represented itself as an alcoholic fruit beverage, described as an alcoholic fruit blend, when it is, in fact, a maize-based ale".
"We are pleased at the outcome of this matter. These Brutal Fruit ready-to-drink products have been promoted in a way that is misleading consumers.
"This also disadvantages local competitors which produce and sell authentic alcoholic fruit beverages."
SAB has reserved its right "to amend its label accordingly" if "Brutal Fruit is reclassified as something other than ale by a government authority or pursuant to new legislation".
The court said SAB must, with "immediate effect" but by no later than December 18, "remove or withdraw all marketing and advertising in respect of the Brutal Fruit products on or in which either of the offending labels are visible to the naked eye or which otherwise convey in any manner that the Brutal Fruit products are alcoholic fruit beverages and not ales".
This would include "television, radio, billboards, websites, social media, press, print media and in-store advertising and promotional materials".
