Heineken vs SAB: The “demi-sec” dispute

Misrepresentation

The case centred on SAB’s online and social media campaign for Brutal Fruit, in which the drinks were described as “spritzers” and, notably, one variant was called a “demi-sec demigoddess.” Heineken argued that the use of “demi-sec” – a term formally recognised in South African liquor regulations as denoting a semi-sweet sparkling wine – misrepresented Brutal Fruit as a wine-based product, when in fact it is a flavoured ale brewed from fermented grain.

Said the Heineken complaint: "By using the term demi-sec to promote its product, the Complainant alleged that the Advertiser is effectively misrepresenting it as a wine product, which is misleading and in contravention of the applicable legislation. The Complainant argued that the term demi-sec is commonly known to refer to a semi-sweet wine.

"Considering that there are other alternatives to denote the semi-sweet flavour characteristic, the use of the term demi-sec is particularly disingenuous and constitutes an exploitation of consumers’ credulity, as they would likely associate the term with wine and thus be misled about the nature of these products."

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Metaphorical

In its defence, SAB maintained that the advertisement was metaphorical and hyperbolic, using the language to describe both the featured protagonist and the product’s personality, rather than its composition. The company also argued that terms like “bubbly” and “spritzer” are colloquial and not necessarily understood to mean wine-based products.

Said SAB: "The commercial highlights both the multi-faceted nature of women and the multi-faceted nature of the Brutal Fruit brand. It is clearly hyperbolic in nature, as shown through the extravagant imagery, and consumers are not expected to interpret the terminology literally. For example, the protagonist is described as “…spicy but she’s honey…”, which refers both to her personality and to the Ruby Apple variant. Similarly, she is described as a “demi-sec demi-goddess” — not to be taken literally, but as a metaphor. The intention is to illustrate how the protagonist’s personality, nature, and characteristics align with, or complement, the personality, nature, and personified characteristics of the products."

ARB’s jurisdiction

The Directorate clarified at the outset that while the ARB does not have the power to enforce liquor legislation, it is empowered to enforce the Advertising Code. Its task was therefore not to decide whether SAB had broken the Liquor Products Act, but rather whether the advertising was misleading under the Code’s provisions on honesty and misleading claims.

“Spritzer” and “bubbly” deemed acceptable

The Board distinguished between various contested terms. It found that “bubbly” in the adverts was used descriptively – referring to a personality or product style – rather than as a direct claim of being champagne or sparkling wine. Similarly, while “spritzer” is commonly associated with wine mixed with soda, the Directorate noted that it is not legally defined, has been used more broadly in the drinks market, and has previously been considered in earlier rulings. On that basis, the use of “spritzer” alone was not deemed problematic.

The ARB, however, found that in the South African context, “demi-sec” is almost exclusively associated with wine and sparkling wine. Coupled with the product’s wine-like presentation – such as serving in champagne-style glasses and its pale, wine-like colours – the use of the term risked misleading consumers into believing Brutal Fruit was wine-related.

As a sanction, the ARB ordered SAB to stop using “demi-sec” in all Brutal Fruit marketing and instructed its members not to accept advertising containing the descriptor