Last week I heard that my colleague, Marshall Fawley, was in the newspaper, in Hawaii. I was concerned. I had a vision of a surfing or beach mishap. Alas, no. Marshall was in the Aloha State Daily as here, relating to his legal work seeking to set appropriate standards for ‘ōkolehao.
‘ōkolehao is, according to the article, “the Hawaiian spirit distilled from ki plant roots.” It “was likely introduced and refined in the years and decades following 1778, when British sailors introduced the technology of distillation with iron implements to Native Hawaiians.”
Hawai‘i has either been embarrassed or proud of ‘ōkolehao. It is illegal and disgraceful or legal and venerated. It is a mark of sin or a source of pride.
This beverage is noteworthy for a variety of reasons, not least that it seems to have been the subject of a 1984 U.S. Supreme Court case.
In the early years of statehood, Hawai‘i attempted to encourage the development of locally based alcoholic beverages, enacting a measure (Act 26, SLH 1960) that exempted ‘ōkolehao and pineapple wine from the state excise tax on wholesale liquor sales.
The measure’s constitutionality ultimately earned ‘ōkolehao some infamy at the national level. The U.S. Supreme Court ultimately determined that the State’s preferential treatment of ‘ōkolehao to the detriment of out-of-state products violated the U.S. Commerce Clause.
The article says at least three companies make ‘ōkolehao in Hawaii.
Marshall Fawley, an attorney with Lehrman Beverage Law (a firm based out of Virginia), is presently representing Ola Brew as it confronts many of the hurdles associated with alcohol production and protections at the state and federal levels.
Fawley argues that a clear, state-based definition of ‘ōkolehao can bring some stability to the market. “When you have a product that is unique, is authentic to a specific place, and has clear definitions so consumers know what they’re getting, they’re more likely to purchase that product than a product that they really don’t know.”
Ola’s label is here and above. Marshall has explained that at the state level, the bill’s language has passed committees in both the House and the Senate. He said:
the bill will likely head to other committees for votes before heading to full legislative voting. If passed, it will go before the Governor of Hawai’i for signing into law. TTB is currently reviewing the petition to add ‘ōkolehao as a new standard of identity under the distilled spirits regulations.
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