legally interesting/controversial

When it comes to the burgeoning category of alcohol beverages with caffeine, we think Sparks is one of the oldest, and Jett is one of the newest. Sparks is under fire from this lawsuit alleging it’s dangerous to mix alcohol and caffeine. As the bigger companies and brands come under attack and ease away (as in the case where Tilt removed the caffeine), this leaves a big, high-risk, high-reward opportunity for smaller brands such as Jett. Does anyone know of a brand approved for US-sale prior to Sparks (with alcohol and added caffeine, pre-mixed)?

It is no surprise that the anti-alcohol forces of yore regarded alcohol beverages as a poison. Professor Hanson confirms that the Prohibitionists “taught that alcohol was a poison.” More recently, this 2008 lawsuit is replete with allegations that MillerCoors is selling poison. But it’s quite another thing when the purveyors themselves brand their products as Poizin. The above is a Sonoma County Zinfandel from Armida Winery. A second example is Poison Wild Berry Schnapps Liqueur, approved in 2002. These are not to be confused with Christian Dior Poison Eau de Toilette, or this. Contributor Lance M. weighed in as follows:

This Poizin, thankfully, will not kill you (well unless you are irresponsible and consume more than your fair share). Armida’s packaging of their Poizin is designed to draw your eye. The bottle is black with a red skull and crossbones prominently portrayed on the front of the label. The wine contained is a 2004 Zinfandel, though they continue to produce it on a regular basis, and other years are available. The thoughtful play on the words poison and zinfandel instantly draws your attention to it. There is some well written dark imagery of a supernatural winemaking process on the back label, that concludes with “Poizin,...

Poteen has been around so long it was banned in 1661. But still, it has not been around long enough to have its own class/type. TTB has hundreds of categories (including the obscure such as diluted rum and dried brandy) but classified Knockeen Hills with “other specialties & proprietaries” rather than in its own category. Poteen is also known as Potcheen and is traditionally made in Ireland, at a high alcohol content. The name is short for the pot (“pota” in Irish) in which it is distilled. Poteen is usually made from barley or potatoes and this one is Grain Neutral Spirits with Natural Flavors, at 110 proof. The Irish Government has frowned on Poteen for many centuries (branding it as “moonshine,” as described on the back label here). But Ireland began allowing Poteen exports in 1989, domestic sale in 1997, and sought appellation status for Poteen in 2008. The back label says:

Poteen … has been brewed as Irish strong moonshine for several centuries … Butler’s Irish book published in 1660 claimed that “It enlighteneth ye heart, casts off melancholy, keeps back old age and breaketh ye wind.”