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Legal matters

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Under 16s and freely available sugary drinks

60 replies

EloiseintheSun · 26/12/2013 10:13

www.coca-cola.co.uk/about-us/heritage/christmas/coca-cola-christmas-trucks.html

Coca Cola's massive pantechnicon came to our town, dishing out small cans of coke to anyone who wanted one for an afternoon and well into the evening. The organizers, connected to the local council, told a friend on the phone before the event that under 16s wouldn't be handed these drinks without parental permission. This was the last day of school and this certainly didn't happen.

Kids of all ages queued and Santa's elves did the needful.

I know that local stores don't dish out free food/drink to kids without parents say so. Anyone know the law on this one? I feel that CC has breached it but surely they have a panoply of lawyers to check?

OP posts:
oldbaghere · 26/12/2013 10:16

As far as I know, Coke isn't illegal?

Brussel · 26/12/2013 10:19

Nanny state...it's not as if they were handing out 2 litre bottles.

RedLondonBus · 26/12/2013 10:19

A small can? You mean those little mini ones? What damage is one if those going to do?

Plenty of businesses hand out free samples....

EloiseintheSun · 26/12/2013 10:20

No, it's not - my query is about the free distribution of it in the High Street - something that previously the organizers had said couldn't happen under the law unless parents (of under 16s) were OK there to give consent. If anyone can clarify, I'd be grateful.

If in fact they can't market to under 16s (which was their argument on the day - they didn't mention the free distribution again), well, this was/is massive marketing - it was huge.

OP posts:
oldbaghere · 26/12/2013 10:21

Do people actually supervise and be with a 15 year old all the time? Mine mooches to town with her mates, gets to and from school and stuff all by herself.

Would you really expect her to say "no I can't have that coke. I'm 15. You need to ring my parent and check"

Catch yourself on.

BackforGood · 26/12/2013 10:22

If an U16 isn't capable of knowing whether it's OK to drink a can of coke on their own, then surely their parents wouldn't let them be out on their own, so if the controlling parent says no, then they won't get one anyway.

AgentProvocateur · 26/12/2013 10:23

Get a grip! What exactly do you think the majority of secondary school children spend their lunch money on? Do you think they should be refused service in the supermarket if they're bit with an adult?

I've read some truly hysterical over-reactions in my time here, but yours is in the top three.

oldbaghere · 26/12/2013 10:23

Oh FFs.

To be blunt. A child of 10/11 plus would most likely be deemed Gillick competent in this situation and perfectly well able to decide if they could have a mini can of coke or not. Possibly younger. You'd have to trial it in court.

Ok?

Mealiepudding · 26/12/2013 10:23

Any child too young to drink coke would surely be accompanied by a responsible adult who could spoil the fun refuse the free samples.

SirChenjin · 26/12/2013 10:24

If they were handing out cigarettes (or even these godawful ecigarettes), alcohol or drugs then I would think you had a point.

I would leave this one be - it's really, really not worth getting worked up over.

PacificDingbat · 26/12/2013 10:24

Eloise, sorry, I cannot give any legal advice but I get where you are coming from.

It is at the very least quite insidious advertising to a group of people in theory protected by the law, I think.

Of bloody course a mini-can of cola will not kill anyone, but it does annoy me too when large multi-national companies behave as if they were above the law.

EloiseintheSun · 26/12/2013 10:25

Hi all - I'm just wanting to know what the law states - what happened was contrary to what the organizers had originally said. My feelings aside ...

OP posts:
Sirzy · 26/12/2013 10:25

We are talking about a can of fizzy drink here aren't we? Not giving them coke to snort?

Massive over reaction, and I say that as someone who isn't a fan of coke. If a child is old enough to be out unsupervised they are old enough to decide if they have a drink or not!

Mealiepudding · 26/12/2013 10:26

x-post with BackforGood!

oldbaghere · 26/12/2013 10:26

Your feelings aside.

My gut instinct is that any child old enough to be out on their own would be judged to have sufficient maturity to decide if they could drink a can of coke.

That's what Gillick competency means.

Feel free to take a court case. I shall watch with great interest.

RedLondonBus · 26/12/2013 10:29

I'd say they all rocked up to get a pic if themselves next to the coca cola truck for their new Facebook profile picture..... That's more exciting than a tiny free can of coke

And that is a bigger advert for coca cola... The famous truck

SirChenjin · 26/12/2013 10:34

Seriously - what do you want to happen here? Would you honestly take this to court? Over one small can of coke?

NoComet · 26/12/2013 10:35

Do you actually have a child over 8
Do you know how much they hate being babied in this way.
You can't have a can of coke without asking your mummy!

Our carnival floats throw sweets, do we all have to sign permission slips before the parade.

Do I send a note into school saying what the DCs may and may not buy in the canteen? And no bacon butties every day is healthy.

Oh for goodness sake get a life and let everyone else get on with theirs.

PacificDingbat · 26/12/2013 10:38

Nobody said anything about 'taking to court', did they?
Where is this frothing coming from?

OP asked a question which is what this site is for.

mercibucket · 26/12/2013 10:38

they have never ever allowed my kids to have one without me being there so it is a genuine coke rule, if not a legal requirement

speak to the company, they will want to know

oldbaghere · 26/12/2013 10:40

The op asked for the law on this one did she not?

mrsminiverscharlady · 26/12/2013 10:42

I doubt very much that there is any law about it. More likely they promised not to give them out to under 16s as a way of creating an image of themselves as responsible organisers and/or so that the council would give them permission to hold the event. To go back on this is unethical but probably not illegal unless it was part of the terms of their contract.

EloiseintheSun · 26/12/2013 10:42

This vitriol is misplaced! My DCs are not 'babied'! Very far from it.

I'm simply asking if anyone can clarify the law on this one as what happened sharply contradicts what the organizers originally told some enquirers. I've no intention - obviously - of taking this to court! This was simply/is simply an enquiry on the legal thread. Perhaps someone can cast light? I suppose it's about the distinction between buying something and being given it for free.

OP posts:
NoComet · 26/12/2013 10:43

How can not under 16 be a 'rule'
DD1 isn't 16 for another month.

Train ticket booth has been asking her age for at least 2 years.

The coke wagon is hardly going to try an I'd DC too young to have proof of age anyway.

PacificDingbat · 26/12/2013 10:43

Yes, the law, not our opinions about how we felt if our kids were offered free cola.
I don't know the law, but I think she is getting an unreasonably hard time here.