Poor TTB. They have to make a decision about every cotton-picking label that comes down the pike. And every now and then they have to bite their tongue and affirmatively approve labels they might otherwise prefer to ignore. By contrast, FDA can simply ignore all the inconvenient labels. But for the requirement to review and approve every alcohol beverage label before it goes to market, TTB could have tried to ignore the naked lady in flagrante delicto on the Cantillon label. The State of Missouri was not amused and filed a complaint, in the late 1990s, charging that the label is obscene: “The label for Gambrinus shows a drawing of a naked woman, with breasts visible, seated on the lap of a figure alleged to be Gambrinus, the Flemish mythological ‘king of beer.’” After a hearing, the Commissioner apparently decided the label did not violate Missouri law, and other states came to a similar conclusion. The Commissioner had the choice to ignore the label. The current federal law often leads directly to TTB affirmatively approving a motley collection of Leghumpers and Ball Busters. Somehow I doubt the drafters of the FAA Act envisioned this scenario.
Continue Reading Leave a Commentwine
Ball Busters and Leghumpers
Tags: legally interesting/controversial, policy, risqué, sexual
Drunken Animals
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.
Continue Reading Leave a CommentIs Beer the New Wine?
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...
Continue Reading Leave a CommentTags: business strategy, hybrid, policy
Phony Controversy Du Jour
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.
Continue Reading Leave a CommentIntoxicating Candy: Part Two
In the last post we showed a couple of bubble gum flavored spirits products. Today we have a handful of other candy-related alcohol beverage products, showing that there is no shortage of candy-themed adult beverages. Bols has Candy Cane Liqueur. Ferrin’s has Candy Apple wine. BPNC has a cotton candy cocktail. Baileys has a caramel liqueur. And Crater Lake has “Candy in a Bottle” wine. If the adults, ID, Warning and taste don’t stop the juveniles, maybe the over $10 price will.
Continue Reading Leave a CommentTags: legally interesting/controversial, policy, unlikely combinations
Bastards Aplenty
The industry submits a large number of “bastard” labels. From 2000-2009, TTB approved 124 labels featuring this word in the brand or fanciful name. This is about six times the number of such labels approved from 1980 to 2000. This is another example of how TTB has tended to ease up in certain areas, and will allow terms a bit more racy than many expect.
Cheap Bastard Red Wine is bottled by Pedrizzetti Winery of Morgan Hill, California. Backwoods Bastard is Ale Aged in Bourbon Barrels, bottled by Canal Street Brewing, of Grand Rapids, Michigan. We probably wouldn’t bother to comment on the preponderance of “bastard” labels. But the numbers are growing, and some of them have more issues going for them, apart from the naughty word. Arrogant Bastard Ale has some better than usual writing on the back label:
Continue Reading Leave a CommentThis is an aggressive ale. You probably won’t like it. It is quite doubtful that you have the taste or sophistication to be able to appreciate an ale of this quality and depth. We would suggest that you stick to safer and more familiar territory — maybe something with a multi-million dollar ad campaign aimed at convincing you it’s made in a little brewery, or one that implies that their tasteless fizzy yellow...
Tags: policy, risqué, writing/witty/funny