distilled spirits specialty

We thought this approval (for Smirnoff Frozen Vodka & Lemonade) was noteworthy because it points out several things. First of all, it tends to show that it’s okay to add a little bit of extra verbiage, to the mandated statement of composition, on a distilled spirits specialty. The required statement is probably VODKA WITH NATURAL FLAVORS AND FD&C YELLOW #5. The one on this label adds a few extra words such as MADE WITH SMIRNOFF. It adds a few other descriptors nearby, at VODKA & LEMONADE. Second, it tends to show it’s okay to put the color details on the back, if the general statement is on the front. CERTIFIED COLOR (general) is on the front and CONTAINS FD&C YELLOW #5 is on the back only. Third, this shows it can take a lot of work and a mighty long time for a big company to bring a product to market. This approval is already about eight months old, and there is no sign of  this product on the web or at the indicated domain. Fourth, it’s probably an unusual, pouch-type package and freeze technology, based on the approval, but we’ll need to wait a bit longer to see it. Finally, as with many other Smirnoff-branded products, the references to VODKA are very large, even though...

We can learn a lot from this Jakk’d label:

1. It is one of very few that mentions the amount of caffeine on the label. This is probably a good thing. It is hard to imagine a good argument for disallowing a short, plain statement as to how much of a powerful psychoactive substance is in the beverage you are about to consume. This product has 75 mg. of caffeine per bottle, according to the label. It might be even better if the label used an icon or other simple statement to show that this is roughly equivalent to a cup of coffee.
2. According to box 19, the brand name does not refer to anything nefarious, and instead refers to the name of the company’s founder, and other good things like “cool,” “thorough enjoyment,” and “being pumped about the greatness of this drink.” TTB is not so sure, and noted that “The brand name remains under review.”
3. This is a rare spirits label with an FDA-style ingredient list.

Jakk’d is made in Temperance, Michigan.

Here is Bacardi Torched Cherry Rum with Natural Flavors. It is apparently made with “torched plant aloe.”

The use of aloe as a flavor is curious because it’s not clear how aloe tastes, and various sources say aloe does not taste especially good. This product is one of very few TTB products that seem to contain aloe. Even these find no room for aloe. As of this writing, the other flavors in the line are:

• Dragon Berry
• Limon
• Peach
• Raspberry
• Orange
• Coconut
• Apple
• Melon

Apart from aloe, this label suggests TTB will allow the term “Rum” to appear larger than “with natural flavors.” And yet, on other distilled spirits specialties, such as an identical product made with a vodka base, it is unlikely TTB would allow “Vodka” to appear in a more prominent way compared to the rest of the statement of composition. It is not clear why TTB polices the term “vodka” so rigorously, but not other comparable terms, such as “rum.” Another example of this is, the government clearly allows “cherry rum” (as above) but would probably not allow “cherry vodka.” This example is easier to understand because, as a matter of law and history, rum is only made from cane products, so confusion is unlikely....