malt beverage

This label was pretty good until about a year ago. Then TTB decided it’s not really a “malt beverage.” TTB decided this because Bard’s Tale Beer is made without malted barley. TTB Ruling 2008-3 explains that a brewery product can not be a “malt beverage,” subject to TTB label rules, unless it contains hops and malted barley. Bard’s Tale is made with sorghum instead of malted barley because those with Celiac Disease can not tolerate the gluten common to barley. In July of 2008 TTB handed the issue to FDA by publishing the Ruling. About one year later, in August of 2009, FDA accepted the issue by publishing a Draft Guidance on “Labeling of Certain Beers.” In this document, FDA explains that certain beers are subject to FDA’s labeling rules and are not subject to the FAA Act rules enforced by TTB. As a result, such beers don’t need TTB label approval but they do need a statement of ingredients, allergen labeling, nutrition facts, and a Government Warning. It gets confusing. Some beers are TTB and some are primarily FDA. Some wines are TTB and some are primarily FDA. At least we can take comfort in the fact that all spirits are TTB. Unless they are non-potable (as in cooking spirits or flavors) — in...

At a 2009 National Alcohol Beverage Control Association (NABCA) panel discussion, Boston Beer Company’s Jim Koch boldly proclaimed that “beer is the new wine.” According to Wine and Spirits Daily, Koch said:

With the emergence of the new mentality about beer driven by small craft brewers, America is starting to create a beer culture in the same way America has created a wine culture.

Is Koch right? The labels tell part of the story. Lately there are many examples of beer labels with terms and elements formerly associated only with wine. First is Sierra Nevada’s Estate Brewer’s Harvest Ale. TTB sets forth strict rules for wine labeled with the word “estate.” One such rule is that the wine must be produced from grapes grown on land owned or controlled by the bottling winery. According to Greg Kitsock of the Washington Post, Sierra Nevada produces their Estate Ale with hops and barley grown only at their brewery in Chico. The label adds that “this ale reflects the flavors of our surroundings in California’s fertile Central Valley.” Second is Trader Joe’s 2009 Vintage Ale, produced by Unibroue of Canada. For wine labels, it is clear that a vintage date means one thing: the year in which the grapes were harvested. What exactly does it mean...

Maybe the world is not in such a sorry state after all, if there is room for outrage about a few beers named after exits on the New Jersey Turnpike. Various media report that MADD was alarmed about Flying Fish Brewing Company’s new Exit 4 beer, named after the nearest highway exit. Google already has well over 8,000 hits for this puny controversy. MADD is apparently concerned about linking driving with drinking, or condoning the same. But even the most cursory review shows that the link here, and the impropriety, are tenuous to put it mildly. Speaking of tenuous connections, it will be difficult for Flying Fish to find a connection between the unique aspects of 29 exits, and 29 distinctive beers. This is well evidenced by Exit 11, the second in the series; the connection is that both relate to … a confluence. Plenty of other labels highlight a highway or exit. Side Pocket Foods has about 10 Exit 172 labels. This Weibel wine celebrates Route 66, and this Oak Ridge wine pays homage to Route 88. And here is Route 3 Chardonnay. There is no reason for MADD to be alarmed about any of them.