This label was pretty good until about a year ago. Then TTB decided it’s not really a “malt beverage.” TTB decided this because Bard’s Tale Beer is made without malted barley. TTB Ruling 2008-3 explains that a brewery product can not be a “malt beverage,” subject to TTB label rules, unless it contains hops and malted barley. Bard’s Tale is made with sorghum instead of malted barley because those with Celiac Disease can not tolerate the gluten common to barley. In July of 2008 TTB handed the issue to FDA by publishing the Ruling. About one year later, in August of 2009, FDA accepted the issue by publishing a Draft Guidance on “Labeling of Certain Beers.” In this document, FDA explains that certain beers are subject to FDA’s labeling rules and are not subject to the FAA Act rules enforced by TTB. As a result, such beers don’t need TTB label approval but they do need a statement of ingredients, allergen labeling, nutrition facts, and a Government Warning. It gets confusing. Some beers are TTB and some are primarily FDA. Some wines are TTB and some are primarily FDA. At least we can take comfort in the fact that all spirits are TTB. Unless they are non-potable (as in cooking spirits or flavors) — in...
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Ball Busters and Leghumpers
Poor TTB. They have to make a decision about every cotton-picking label that comes down the pike. And every now and then they have to bite their tongue and affirmatively approve labels they might otherwise prefer to ignore. By contrast, FDA can simply ignore all the inconvenient labels. But for the requirement to review and approve every alcohol beverage label before it goes to market, TTB could have tried to ignore the naked lady in flagrante delicto on the Cantillon label. The State of Missouri was not amused and filed a complaint, in the late 1990s, charging that the label is obscene: “The label for Gambrinus shows a drawing of a naked woman, with breasts visible, seated on the lap of a figure alleged to be Gambrinus, the Flemish mythological ‘king of beer.’” After a hearing, the Commissioner apparently decided the label did not violate Missouri law, and other states came to a similar conclusion. The Commissioner had the choice to ignore the label. The current federal law often leads directly to TTB affirmatively approving a motley collection of Leghumpers and Ball Busters. Somehow I doubt the drafters of the FAA Act envisioned this scenario.
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How Hard Is Mike's Punch?
It wasn’t so very long ago that TTB would not allow anything like an alcohol content claim, on beer, unless the states required it. The turnabout is quite remarkable, since Coors sued to change the law back in the mid-1990s. Here is a Mike’s Harder Punch label that declares itself to be “hard” no less than seven times in a few square inches, with a couple of fists to drive the point home. It is “Mike’s Hardest Punch Yet.” Thankfully, the label doesn’t make us guess how hard. It comes right out and explains that it’s 9.9% alc./vol., about double normal beer. The label also sports a “Warning” other than the mandated warning. TTB does not often allow extra warnings (pregnant lady warning) but will do so from time (no kids warning) to time (flammable warning).
Continue Reading Leave a CommentDrunken Animals
TTB typically does not allow wine labels to say much about the alcohol content or strength — except in the normal alcohol by volume statement. So we were surprised that The Drunken Goat, and his n’er-do-well friend, Le Drunk Rooster, would show up on a couple of wine labels. We pretty much expected them to show up, sooner or later, on a spirits label. But not on a wine or beer label, where TTB has historically and fairly vigorously discouraged alcohol content claims. While the goat and rooster are carousing around, notable is the absence of any drunk humans out and about on approved labels. Unless you count this guy, the toothless fellow on the label for Rocky Mountain Moonshine Sippin’ Hooch. It is distilled from beets and the label suggests “Once tasted, you too will become hooked!” Box 19 surprisingly declares that “The man is no longer ‘drunk’ appearing.” If he’s sober I’d like to see the other version.
Continue Reading Leave a CommentEnergy Beer
TTB is not likely to allow anything labeled as “energy beer” anytime soon. But that doesn’t mean there is any shortage of beer tinged with caffeine. Notwithstanding the demise of Sparks and Tilt, there is a big upsurge in beers with added caffeine, guarana, tea, yerba mate — and coffee. Today, coffee. Pipeline Porter is made with 100% Hawaiian Kona Coffee according to the label. Joe is brewed with coffee, by Philadelphia Brewing Company of Philadelphia, Pennsylvania. Yeti is stout aged on oak chips with coffee added. The front label pretty much suggests serving it with breakfast. None of these labels mention energy, stimulants, caffeine, or the amount of caffeine, so the consumer is left to guess. My grandpa Joe never dreamed of beer mixed with coffee or any other alcohol beverage that would perk him up.
Continue Reading Leave a CommentTags: caffeine/secondary effects, ingredients, legally interesting/controversial, policy
Phony Controversy Du Jour
Maybe the world is not in such a sorry state after all, if there is room for outrage about a few beers named after exits on the New Jersey Turnpike. Various media report that MADD was alarmed about Flying Fish Brewing Company’s new Exit 4 beer, named after the nearest highway exit. Google already has well over 8,000 hits for this puny controversy. MADD is apparently concerned about linking driving with drinking, or condoning the same. But even the most cursory review shows that the link here, and the impropriety, are tenuous to put it mildly. Speaking of tenuous connections, it will be difficult for Flying Fish to find a connection between the unique aspects of 29 exits, and 29 distinctive beers. This is well evidenced by Exit 11, the second in the series; the connection is that both relate to … a confluence. Plenty of other labels highlight a highway or exit. Side Pocket Foods has about 10 Exit 172 labels. This Weibel wine celebrates Route 66, and this Oak Ridge wine pays homage to Route 88. And here is Route 3 Chardonnay. There is no reason for MADD to be alarmed about any of them.
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