Ladies and gentlemen it is with great pleasure that I introduce Oli, the sporadically employed climate scientist, from Chichester. What does that have to do with labels and COLAs? Watch and see. Find out why some may benefit from having a small group of specialized lawyers and paralegals to help you get things moved through TTB and to the marketplace with less pain and delay.
Continue Reading Leave a CommentA Great Bud Ad
What was the best beer ad, or ad of any type, in yesterday’s Super Bowl broadcast? Hint, it was a Bud ad, but not the one with the dogs, horses, and wolf. Instead, it was the one above. The one in which Bud took on its main competition, directly and powerfully, roughly like those on the field. It’s the first time in many years that Bud did not seem to be on the defensive. It seems clear that Bud’s plan is to defend Bud the brand such as above, and defend Bud the company by buying a bunch of esteemed craft brewers. Maybe they can have their cake and eat it too. Before I scope out anyone else’s views, here are mine:
- The 60 second ad opens with a view of an old brewery with a big Budweiser sign and a small American flag atop it; the building is bathing in the sun and surrounded by trees and evokes old-time Americana within a couple seconds.
- Within five seconds, it says BUDWEISER, PROUDLY A MACRO BEER and shows lots of real and good looking ingredients, to go along with the pretty buildings way back at seconds 1 and 2.
- The ad takes dead aim at and skewers various hipsters such as the ones above. Hipster number 1...
Tags: ad, craft, media buzz, speaks for itself
Oak Aged Vodka
TTB does not allow Aged Vodka, or Aged Gin. But this would seem to show it’s pretty easy to work around these arcane, antiquated restrictions. Note how the word “aged” is nowhere but everywhere on this label, and Absolut does not mind throwing in a reference to “craft” for good measure.
Continue Reading Leave a CommentTags: craft, policy, speaks for itself
Tito Responds
Over the years many have suggested that Tito’s vodka is not really made in small batches or by hand. I tried to keep an open mind, as the brand grew, and even in the face of the lawsuits summarized here.
So I have been particularly looking forward to a response, on the merits, at long last, from the source. Tito finally responded, on November 17, 2014, in the form of a motion to dismiss the Florida case. (The defendants also filed a similar motion, a month later, in the California case. The California motion is 28 pages and substantially similar to the one filed in Florida, right down to mangling the name of the agency that issued the so-crucial approvals. It does add a dash of spice here: “Plaintiff himself knows nothing, and he filed a lawsuit that ignores what the Tito’s label actually says and instead bases his claim on hearsay statements in a magazine article, hoping he can later commit discovery to get the facts he admittedly lacks.”)
With the aid of more than one big law firm, and a superior command of the facts, I was eager to sit back and see how deftly Tito could shut down its many detractors. The motion weighs in at 20 or so pages and it does...
Continue Reading Leave a CommentMaker’s Mark Bourbon Got Tito’d
I have focused on beverage labeling law since 1988. During that time it has been very rare for a private party to bring any action against a beer, wine or spirit supplier’s labeling or advertising — unless the basis was trademark.
Instead, most people assumed the states, TTB, and FDA would take care of this, pretty much to the exclusion of anyone else. Pom began to unravel this in a big way over the past couple of years, and this trend seems to be gaining momentum.
A San Diego law firm filed a class action lawsuit, on December 8, 2014, in federal court in California. The case is called Nowrouzi et. al. v. Maker’s Mark Distillery, Inc. A few pages of the complaint are here. If you want a copy of the whole complaint, or updates, they are available upon request and without obligation.
The complaint goes right for Beam’s jugular (Jim Beam owns Maker’s Mark). It essentially says Maker’s Mark is lying about whether the product is “handmade.” The first count is for false advertising. The second is for unfair competition and fraud. Next is negligent misrepresentation and then intentional misrepresentation. The lawsuit asks for a jury trial, punitive damages, an injunction, reimbursement to consumers, interest, and lawyer’s fees.
An example of the...
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