legally interesting/controversial

Thanks to Barry Strike for bringing this label and controversy to our attention. Barry is a lawyer at Hinman & Carmichael in San Francisco, where he has practiced wine and beverage law for many years. Barry explained:

In mid-2008, TTB approved four wine labels with the brand name above. The wines are made in Australia and imported by Rocland Wine Imports, of California. Either TTB is developing a sense of humor or the examiner is an ardent animal lover. (Or perhaps the examiner thought this was an animal husbandry reference?) In any case, this is a good example of TTB’s approval of a label with a brand name that likely would have been regarded as profane a few years ago. Notwithstanding TTB’s apparent embrace of humorous, daring labels, some state regulators are not as enlightened. The state of Michigan recently refused to allow Big Ass brand wine to be sold in the state. Lacking any applicable regulatory or statutory basis for disapproving the label, the state claimed it was racist(?!). The Big-Ass Coalition must have applauded the state’s bold step to protect big asses everywhere.

Yesterday we discussed a scholarly article on the F-Word, in F-Words, F-Bombs and Booze, Part 1. That post was long on discussion and short on examples, so here are several examples of approved labels, raising a similar term and topic. First and perhaps most famous is Effen Vodka. It’s possible the brand name refers to something other than what Potts is talking about, but somehow we believe they are thinking of roughly the same thing. As Potts explains, this term has always been mired in ambiguity, and that accounts for much of its power and popularity. The ambiguity also, we suppose, helps it get approved. Second is Fricken Beer, as above. Indian River Brewing, of Melbourne, Florida, is hoping you too will walk up to the bartender and say “Get me a Fricken Beer.” If you don’t get slapped, it might be refreshing. Third is Big F’n Syrah. It is a robust Yakima Syrah with overtones of the F-Word. We have a few additional F-Word labels but please let us know if you see others.

On December 11th, several consumer groups submitted a letter to Treasury Secretary-Designate Geithner, urging fast action to require a great deal more information on beer, wine and spirits labels. The letter urges TTB and the Obama Administration to:

act now to issue a final regulation to require the following information on all beer, wine, and spirits labels:  serving size, calories per serving, alcohol per serving, percent alcohol by volume, the definition of a “standard drink,” number of drinks per container, and the Dietary Guidelines recommendation on moderate drinking. TTB also should consult with FDA as to the most effective format and graphic design for the “Alcohol Facts” label.

The four consumer groups are the Center for Science in the Public Interest, the Consumer Federation of America, Shape Up America!, and the National Consumers League. They say they have been waiting more than five years since submitting their petition to change these rules. TTB’s 2007 proposed rule, and thousands of comments, are here.