The Panel carefully considered the producer’s response. The Panel noted that the company had provided an extensive and detailed written submission and commended the producer for its response to the complaint.

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The company then provided images of the front cover of five books that featured unicorns that were aimed at children. These books were Little Miss Stubborn and the Unicorn by Roger Hargreaves; a journal aimed at 5 year olds that stated on the cover “I am 5 & Magical!”; Thelma the Unicorn by Aaron Blabey; A Unicorn Named Sparkle by Amy Young; and My Magical Unicorn by Campbell Books. The company also submitted three images of bath products that were aimed at children and featured unicorns on the label. These products were Carex Unicorn Magic Shower and Bath Gel; Unicorn Bubble Bath by Southern Sass; and Luksja Magic Unicorn Bath Foam. ELDERFLOWER GINS HAVE NEVER BEEN SO CRISP OR REFRESHING - Served in a stunning elderflower gin bottle, the pixie tears infuse each drink with a hint of cucumber, a glittery appearance and delicious taste. This colour changing gin is a proven popular with gin lovers. The fifth ruling the company highlighted was the Fynoderee Manx Bumbee Vodka case which was not upheld on all points, including in regard to rule 3.2(h). In that case the Panel had found that whilst the design was whimsical, it was mature in design and the illustrations were adult in style. The company argued that the imagery on that product was very similar to the Realm of the Unicorn as both had complex and detailed artwork. The company believed that the images of the flowers and honeycomb were created using fine lines and complex blending of colours which created a similar level of depth and sophistication of the images used on the Realm of the Unicorn. However, the company stated that in comparison to Fynoderee Manx Bumbee Vodka, the Realm of the Unicorn did not use bright or contrasting colours, which would likely have appeal to under-18s.

The first ruling the company referenced was Thrillseeker which was considered by the Panel in 2019. The company highlighted that the Panel ruled that the images on Thrillseeker were adult in nature due to the graphic novel style of the design and that the spacemen illustrations could be seen to have appeal to both adults and children but that it would be unlikely to have particular appeal to under-18s. The first ruling the company referenced was Thrillseeker which was considered by the Panel in 2019. The company highlighted that the Panel ruled that the images on Thrillseeker were adult in nature due to the graphic novel style of the design and that the spacemen illustrations could be seen to have appeal to both adults and children but that it would be unlikely to have particular appeal to under-18s. The company did not believe that Flagingo would have more appeal than Thrillseeker and that for the reasons set out above, it would have more appeal to an older generation of adults. The company highlighted two previous cases heard by the Panel; Gamma Ray (2015) and Captain Morgan (2016). The company noted that in the Gamma Ray case, the Panel had sought expert opinion on colour-based appeal to under-18s and that bolder colours with greater contrast tended to gain the attention of children. The Panel had concluded in that case that the contrast between the colours was not strong and did not have particular appeal to under-18s. The company also noted that the Panel had applied the same reasoning in the Captain Morgan case and did not uphold the complaint based on the colour of the label. The company then compared the Realm of the Unicorn product with these two previous cases and suggested that the colours used on its label were not luminescent, bright or contrasting and that compared to the Gamma Ray and Captain Morgan cases, the colours were less bright and contrasting and therefore did not have particular appeal to under-18s. Based on the science of Deep Touch Pressure Therapy, our HedHug Weighted Eye Mask applies a gentle, comforting pressure across your eyes and face to help you relax and drift off into a deep and restful sleep. You can think of it like a big ol' comfort blanket, for your face.It comes with two sections: one for the uncooked noodles, and the other for your favourite fresh ingredients.You can then transport your lunch with the luxury it deserves, prepare it, and it munch it wherever you are, without the need for hobs, microwaves, additional bowls or plates. The third ruling the company referenced was the Zymurgorium Forced Darkeside Gin case which looked at, in part, whether it breached rule 3.2(h), but the Panel did not uphold. The company noted that the Panel had found that the label in that case was not overly childish in its design. The company believed that that product was more exciting and eventful in its artwork than the Realm of the Unicorn and that it could not be said to have more appeal to under-18s than the Forced Darkeside Gin. Overall, the Panel considered that the sophisticated unicorn artwork, muted colour palette and shimmer effect of the liquid were unlikely to have a particular appeal to under-18s when considered as individual elements or when taken in combination and accordingly did not uphold the complaint under Code rule 3.2(h). Action by Company: