A small regional Australian brewer has been banned from advertising one of its beers after a parent complained that their child mistakenly drank it, thinking it was chocolate milk.
The Victorian Commission for Gambling and Liquor Regulation banned the advertising and promotion of Choc Milk Stout in its current form after the child mistook it for Nestle's Milo.
It comes after the Alcohol Beverages Advertising Code (ABAC) received a complaint from the child's parent.
The product is produced by small, independent brewer Howler Brewing Company, based in South Gippsland.
Photos of the product posted online show the packaging of the beer looks similar to Nestle's Milo packaging.
It was determined the product breached government codes that state marketing communication for alcoholic products must not have a strong or evident appeal to minors.
The VCGLR found the appearance of Choc Milk Stout contravened principle 14 of the guidelines that state the advertising or promotion of liquor must not encourage under-age drinking.
In June, the VCGLR issued a banning notice to the brewer from advertising or promoting the product in its current form and directed the company to withdraw the use of the packaging by July 10, 2021.
Chairman Ross Kennedy said the VCGLR would not hesitate to issue a banning notice if the promotion or advertising of liquor did not fall within the law.
"Those under 18 are at the highest risk in relation to alcohol-related injuries, including road trauma and violence," Kennedy said.
"We will do all we can in our power to ensure alcoholic products that are for sale, are advertised or promoted within the law and do not encourage interest by minors.
"The way liquor is promoted or advertised can encourage irresponsible consumption, which in turn can contribute to anti-social behaviour and alcohol-related violence and disorder."
Failure to comply with a direction issued by the commission can attract a penalty exceeding $20,000.
The company has been contacted for comment.