I do believe this Olde Bay Saison label raises at least a few legal issues. First of all, I sure hope the brewer had permission to use this famous branding. McCormick owns the Old Bay seasoning brand and probably would not have a sense of humor about any unauthorized uses. Even if the beer is loaded up with the same seasoning, and even if the reference tends to be flattering. I can not imagine that changing one letter (from Old to Olde) is likely to help any more. The total production for this ale with spices seems to have been tiny, so that may help somewhat more to avoid problems. A second legal issue is that, such a beer needs formula approval, before label approval and production. To get formula approval, it is usually necessary to provide a detailed ingredient list to TTB. It can be very difficult for anyone to get ingredient details (beyond what FDA typically requires on a food label’s ingredient list) about famous and protected products like Coca-Cola, Angostura Bitters, or Old Bay. TTB typically needs to check for artificial flavors, allergens, colors, and use-rate limitations, and this can be very difficult to do without a complete ingredient list of the sort that McCormick would be unlikely to provide to...

Because the term “Molotov Cocktail” has been so widely used (for at least 70 years), I would have expected somebody to grab onto it and apply it to alcohol beverages sooner. It was not until July of 2011 that somebody grabbed onto it, as in the case of Evil Twin Brewing above. In this case the name relates to the “explosive” and “arrogant” amount of hops in this beer. A few years earlier, Molotov Hoptail had roughly the same idea. Hoptail gets extra points because the brewpub is just down the street and a delightful addition to the neighborhood.

I probably would have expected the term to get applied to something more akin to a traditional “cocktail” and less akin to a traditional beer. But perhaps TTB would have been concerned about the use of cocktail-type language on a spirit that is other than a “recognized cocktail.” TTB has various rules about recognized cocktails, such as pre-mixed margaritas, daiquiris and the like. For example, the BAM says a daiquiri must contain rum and lime, and a margarita must contain Tequila, triple sec and citrus. A few of these cocktails are vaguely reminiscent of the above, at least as to sound: Black Russian, White Russian, Brandy Alexander,...

I was driving along and heard perhaps the perfect confluence of beer, TTB, fruit, and a multimedia extravaganza (plus history, my sister in law, etc.). NPR ran a story about The Pawpaw: Foraging For America’s Forgotten Fruit on September 29, 2011. The pawpaw is a creamy, mango-like fruit that grows along the banks of the Potomac River. Experts say the pawpaw is “every bit the rival of a perfect peach or apple. And these fruits have had thousands of years of breeding to make them taste good.” So good that a pawpaw newbie exclaims (at about 3:50): “Mmm, very good. Wonderful flavor. On my tongue, it says this is something new and wonderful and that I should continue it.” It did not take long for a beer company to grab onto the pawpaw fervor. In discussing how the fruit plays into locavore trends and does not travel well, NPR’s Allison Aubrey talks with Garin Wright of Buckeye Brewing (at about 6:10):

AUBREY: But at a pawpaw festival earlier this month in Ohio, people were showing off, at least one way of extending the pawpaw season. They make pulp from the fruit that can be canned and frozen. And even use it to make beer. Garin Wright of the Buckeye Brewing Company in Cleveland...

Continued from Part 1 of 2 AJ’s next target is MGD beer. “Probably the most blatantly illegal advertisement came in early 2009, when a new beer called MGD 64 (boasting just 64 calories) sponsored an online fitness program…” With a claim like that it would be nice to know what makes it “illegal,” if not the imagery of “a thin, toned brunette in a party dress, smiling brightly as she showed off the beer-sponsored body that users could obtain if they joined.” With little analysis or evidence, AJ summarily concludes that the marketing is “patently false and misleading.” By contrast, in my opinion, if you are going to strip most of the calories and body away from a beer, down to a puny 64 calories, you darned well have the right to market it as only 64 calories (especially when the same amount of milk, apple juice or regular beer would have 2-3 times as many calories). The “Industry Watchdog” lays much of the blame for this sorry state of affairs at the feet of the industry’s failure to properly regulate itself:  “Finally, the most important reason for the breakdown in regulatory oversight is the continuing charade of voluntary self-regulation.” AJ says the industry has “created a system of codes, largely designed to...