legally interesting/controversial

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.”

This French Apple Cider provides a small taste of what is coming soon. It is our understanding that TTB has no plans to require or encourage ingredient labeling, such as that on the back label here. But TTB does have big plans to require Serving Facts Labeling (similar to this Nutrition Facts labeling) someday very soon. It’s a big, important change. There is a lot of data on this back label; much of it will be required in a few years and almost none of it would have been required 20 years ago. The Government Warning arrived 20 years ago and redemption labeling (as well as the UPC) started appearing a few decades ago. This COLA is unusual because FDA (not TTB) typically has authority over wines under 7% alc./vol. (such as this cider). But here the importer noted (at box 19) “submitting for review of health warning.” TTB retains control over the Warning and the wine tax, even in those instances where general labeling jurisdiction shifts over to FDA. Some time after approval, TTB apparently decided to hand this back to FDA, as the current status of this approval is “surrendered.”

TTB frequently says vintage dates are not allowed on spirits. The rationale is:  subtle vintage characteristics do not survive distillation, and it is usually misleading to suggest otherwise. This bourbon label shows a prominent date, but seems to refrain from using the “vintage” term. The back label explains that 1792 is the year when Kentucky became the 15th state. The ad is from the October 24, 2008 Wall Street Journal.