Heineken wins case against SAB over misleading ‘Demi Sec’ claim in Brutal Fruit ads 

SOUTH AFRICA – South Africa’s Advertising Regulatory Board (ARB) has ruled in favor of Heineken in a dispute with South African Breweries (SAB) regarding the use of the term “demi sec” in advertising for Brutal Fruit beverages. 

According to a notice released by the ARB, Heineken challenged the descriptor’s use in a YouTube advertisement by SAB, claiming it misled consumers by implying that Brutal Fruit products were wine-based.  

Heineken argued that under South African legislation, the beverages are classified as “grain fermented alcoholic beverages” and not wine. The Dutch brewer said SAB’s use of the “demi sec” term created a false impression and contravened regulations governing liquor product descriptions. 

The ARB agreed with Heineken’s claim, stating that in South Africa, “demi sec” is almost exclusively used to describe semi-sweet wine products. This, the board said, was supported by references in the Liquor Products Act Regulations and online search results.  

“By using this descriptor, SAB was creating an association that does not exist in reality,” the ARB noted in its ruling. 

The watchdog further highlighted that the inclusion of wine and Champagne-style glasses in the commercial aggravated the misleading impression. The ARB emphasized that the phrase was not presented in a humorous, aspirational, or exaggerated context but instead implied authenticity. 

As a result of the ruling, SAB has been instructed to remove all references to “demi sec” from Brutal Fruit advertising. Additionally, ARB members have been advised to decline any future Brutal Fruit advertisements that contain the term. 

Heineken also raised concerns over SAB’s use of the descriptors “bubbly” and “spritzer” in Brutal Fruit marketing campaigns. The brewer argued that these words implied links to wine-based beverages.  

SAB, however, countered that the term “bubbly” was not present in the commercial referenced in Heineken’s complaint, while both “bubbly” and “spritzer,” when used, were not intended to suggest wine content or production methods. 

The ARB found that the term “bubbly” did appear in a separate video on Brutal Fruit’s Instagram account but did not consider its use problematic. The board said the word was used descriptively, referring to a product’s characteristics or even a personality trait, rather than as a technical indicator of composition. 

Regarding “spritzer,” the ARB recalled that a similar issue had been raised in 2020 by Distell, another beverage producer. At that time, the ARB found no legislative definition for the term.  

In its latest ruling, the board reaffirmed this position, noting that searches across online retailers revealed diverse drinks marketed as spritzers, not all of which contained wine. 

The ARB concluded that while some consumers may interpret “spritzer” as a wine-and-soda mix, the term is not legally restricted to that meaning.  

The central ruling, however, was limited to the improper use of “demi sec,” which SAB must now remove from Brutal Fruit promotions. 

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