‘We would like to be heard’: RTD maker tries to head off further ‘no-Nitro’ clauses
Thursday, 11 June 2026
The manufacturer of a controversial RTD banned from more than a dozen Christchurch bottle stores tried to stop a new store opening in case it also blocked its product.
National Brands Ltd, which makes the vodka-infused guarana beverage Nitro, filed an objection against a recent off-licence application for a new Bottle-O outlet on Tuam St in central Christchurch.
According to a minute issued by the Christchurch District Licensing Committee (DLC), National Brands director Steve Shaw wanted to discuss the matter of ‘no-Nitro’ clauses in other off-licence applications: “He believes the DLC has previously been provided incorrect and misleading information relating to Nitro Vodka, and [is] seeking to be heard.”
“His objection does not relate in particular to the application before us but has been filed as a way of addressing a DLC on issues he wishes to raise.”
The committee struck out the objection.
But Shaw said it was the only way National Brands might be heard on what it believed was an “unfair and reasonable” campaign against Nitro.
In February, The Press reported at least 16 off-licences around Christchurch were only renewed on the condition that retailers not stock the product. In many cases, alcohol harm advocates led the objections and cited Nitro by name.
The company only learned of the conditions later and felt it was being singled out. “[It] seems to be a very unusual and quite anti-competitive practice for a DLC to ban only Nitro and not any other products which have exactly the same ingredients and composition,” Shaw told The Press at the time.
When it came to the application for the new Bottle-O on Tuam St, Shaw decided to get out in front of it. “We assumed [the advocates] may object to Nitro as they normally do,” he said. “So we asked to be heard as an ‘Interested Party’ or…as an ‘Objector’.”
“I understand all objections are in and none reference Nitro, hence [the] DLC not permitting us to be part of that hearing. We understand and are happy with that outcome.”
Shaw said he was not aware of any other pending Nitro objections, “But if you hear of any…we would like to be heard at them”.
National Brands took legal action against the DLC over the earlier ‘no-Nitro’ clauses, but lost. In ruling against it, Justice Rob Osborne said there was no obligation to forewarn National Brands of conditions it may find “unacceptable”. “The condition is in place only for the time being. National Brands will have, through publication of a decision, notice of the condition and will be able to seek leave to appear on any application for renewal.”
Nitro was first released in 2016, branded as “a triple-distilled vodka beverage formulated with guarana” and available “in eight distinct and delicious flavours”. Typically, it is sold in a 1.25L bottle for around $14. Its alcohol content is 7%.
It ran afoul of the Advertising Standards Authority in 2019 for a Facebook post that showed the feet of two people in bed, one lying face down on the other, with the slogan “no regrets”. The ad stayed online for weeks after National Brands was ordered to take it down. In 2021, following complaints, the company pulled nine online ads featuring phrases like “3 DAY BENDER” and showed a person in a bikini bending backwards on a stage holding bottles and cans of Nitro.
Paul McMahon, a senior project worker for Community Action on Youth and Drugs who drove several of the ‘no-Nitro’ off-licence conditions, welcomed the latest DLC decision.
“Perhaps it would be a better use of time, energy, and money to focus on developing better products than to flog what is by now a very dead horse,” he said.