distilled spirits specialty

TTB typically does not allow wine labels to say much about the alcohol content or strength — except in the normal alcohol by volume statement. So we were surprised that The Drunken Goat, and his n’er-do-well friend, Le Drunk Rooster, would show up on a couple of wine labels. We pretty much expected them to show up, sooner or later, on a spirits label. But not on a wine or beer label, where TTB has historically and fairly vigorously discouraged alcohol content claims. While the goat and rooster are carousing around, notable is the absence of any drunk humans out and about on approved labels. Unless you count this guy, the toothless fellow on the label for Rocky Mountain Moonshine Sippin’ Hooch. It is distilled from beets and the label suggests “Once tasted, you too will become hooked!” Box 19 surprisingly declares that “The man is no longer ‘drunk’ appearing.” If he’s sober I’d like to see the other version.

Not content with simply adding coffee flavor to vodka, Vincent Van Gogh went further, all the way to “Double Caffeine.” Not so long ago, it was not clear that TTB would allow caffeine to be added to alcohol beverages, let alone to double it up and proclaim it on the label. Van Gogh coffee flavored vodka is one of about 18 flavored vodkas made in Holland and imported by Luctor International of Orlando, Florida. The other caffeinated spirit above is Volta. It is Vodka Infused with Caffeine, Guarana, Taurine & Yerba Mate, made by White Rock Distilleries of Lewiston, Maine. Van Gogh Double Espressso is easy to find at retail, but Volta is less easy to find. All the extra caffeine may have gotten this retailer a bit over-excited; IWS describes it this way:

Double Intensity. Experience the finest tradition of Venice with the high art of great taste. … Delivers a wealth of flavor for those who expect more from their coffee – powerful yet sophisticated, with the stronger and richer character demanded by the espresso lover’s highly developed palate. Here is all the smooth brilliance of great caffé, in the only FDA-approved vodka on the market today with the bold touch of double caffeine.

TTB often says the term “vodka” may not appear, in a prominent manner, unless:   the product is simple vodka, or qualifying language surrounds the term, in the same font. An example is VODKA WITH NATURAL FLAVOR, where TTB would not usually allow VODKA to be more prominent than WITH NATURAL FLAVOR. The product above is not plain vodka, and yet the term “vodka” appears in a surprisingly emphasized manner. It is emphasized by being large (about five times the size of the actual statement of composition). It is emphasized by repetition (no less than six appearances). It is also emphasized to the extent that “Smirnoff” is or was synonymous with “vodka.” The true statement of composition is hard to read on this scan and says:  “MADE WITH VODKA, GUARANA EXTRACT, NATURAL FLAVORS, CARAMEL COLOR, CAFFEINE & SODA WATER.” The other color is off to the side. TTB has underscored this vodka rule by asserting, on other approvals for this brand:  “When new labels are printed, the word ‘vodka’ cannot appear more prominent nor stand alone. [Vodka & Guarana] must appear together and in the same size type print/font.” TTB felt strongly enough to allow it with all of the following restrictions:  Arizona sales only, test marketing only, 23,000 cases only, and six months only. Curiously, TTB...