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Johannesburg – FIFA has not yet contacted the Dutch brewery Bavaria about the "orange dress ambush marketing" saga unfolding on the fringes of the Soccer World Cup, the company said on Thursday.

"Until now, Bavaria didn't hear anything from FIFA directly," the brewery said in a media statement issued on Wednesday evening.

A Bavaria spokesperson told Sapa just before lunchtime on Thursday that there had still not been any contact from FIFA.

"If the FIFA has any problems with our company we'd like to ask them to contact us directly and don't take action against innocent people wearing our orange dress," Bavaria said in its statement

The brewery described as unfortunate the situation in which two women were arrested on charges related to the SA Merchandise Marks Act.

"Unfortunately, Bavaria has been drawn into the furore surrounding the arrest of the two ladies who were wearing an orange dress also worn by thousands of Dutch ladies and football supporters."

Bavaria said it was unable to react to all the questions from the media, but that it wanted to make it clear that the brewery would not take any responsibility for FIFA's actions.

"Bavaria will ask FIFA to immediately stop intimidating Dutch-dressed female supporters."

Well-being of the two ladies

Its biggest concern at the moment was the "well-being of the two ladies" who were released on R10 000 bail each. They will appear in court again on Tuesday.

"Bavaria regrets that two Dutch ladies now have become a victim of the FIFA response to the orange Dutch dresses...

"There is no way FIFA can hold these ladies responsible for their attendance at the match in their Dutch dresses...

"Bavaria is currently doing everything in their power to assist the arrested Dutch ladies."

It had arranged "all legal assistance and housing" for the two women.

"Bavaria also keeps close contact with their families."

The brewery said its intention with the dresses had "always been to generate pleasure and enthusiasm amongst the football fans".

"This was very well understood and appreciated by the international audience in and around the Soccer City stadium in Johannesburg," Bavaria said.

FIFA accusations

"The Dutch dresses don't have a big brand name logo," it added.

In its own statement on Thursday morning, FIFA accused Bavaria of flying in two co-ordinators from the Netherlands to organise the "orange dress" ambush marketing campaign.

"In this case, it has surfaced that at least two co-ordinators were flown in from the Netherlands to organise this ambush activity. They hired innocent local girls and devised a strategy," FIFA alleged.

This included training the group of local girls before the match.

Also, the organisers' strategy included "disguising them as Danish fans (by covering their orange dresses) and using a decoy group to divert the attention of FIFA and safety and security authorities to another area while the big group entered the stadium through another side, and then compelling them to lie to the police about the organisers' involvement in the activity".

"They also obtained tickets from unauthorised sources," FIFA claimed.

Two Dutch women Barbara Castelein and Mirte Nieuwpoort appeared in the Johannesburg Magistrate's Court on Wednesday after a few dozen women, all dressed in the same orange mini-skirts, were taken in for questioning by the police on Monday.

The orange mini-skirts were handed out in Bavaria gift packs in Holland ahead of the World Cup. There is a small Bavaria logo on the dresses.

Illicit activity

"FIFA has filed charges against the organisers of the ambush marketing stunt pulled during the Netherlands vs Denmark match in Soccer City. No charges have been filed against the young South African women used in this illicit activity," FIFA said.

The Dutch newspaper, De Volkskrant, reported online on Wednesday that it was believed the two women arrested had their flight tickets and accommodation in South Africa paid for by Bavaria, while the other South African women wearing the dresses only seemed to have been hired for the day.

FIFA said it had warned companies before the 2010 Soccer World Cup that South Africa had legislation criminalising ambush marketing.

"FIFA strongly disapproves of companies who employ ambush marketing tactics to promote their brands at big sporting events without having contributed to the organisation of those events...

"FIFA wrote to a large number of companies before the tournament drawing their attention to this specific South African legislation, to avoid any unknowing infringements."

The world football body said it was "appalled" that these companies "use innocent people as a tool to conduct these unlawful activities".

"FIFA is looking into all civil remedies available and will await the outcome of the criminal case currently being run by the South African police service."

Bavaria is not a World Cup sponsor and FIFA has built up a reputation for aggressively protecting the commercial interests of its sponsors.