policy

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,...

Back in June, Alcohol Justice issued a report entitled “Questionable Health Claims by Alcohol Companies.” I was pretty excited to read this report, because we study such matters closely. Every few weeks I get an exuberant report of a big health claim, on another alcohol beverage product — but it almost always turns out to be a false alarm.

Also, I wanted to give AJ (formerly known as The Marin Institute) a fair chance to persuade me that a lot of companies do in fact go over “the line.” Even though I freely admit that we derive most of our revenue from alcohol beverage companies, I like to think we are fair and open-minded enough to agree with a strong and well-made point.

The report tends to say a large number of alcohol beverage companies are running roughshod over consumers, with phony health claims, and with the rules either insufficient or largely ignored. AJ suggests the rules are “constantly being violated.”

These advertising practices are legally tenuous, morally unsound, and potentially dangerous. … Using health messages to sell products that can cause such widespread harm is not only unethical, it’s illegal, and yet the regulatory system has failed miserably to protect the American public....

In the above example, it is not sufficient to have VODKA on the front label. Or, the right size. In addition, it needs to be “separate and apart” from other matter. TTB has gotten more strict about this over the years. The above rejection is from a few days ago. The vodka label is from many years ago, to show the movement in the policy, or the enforcement of the policy.

TTB is quite concerned about word placement and proximity. For example, “absinthe” must appear next to other words, as here. Vodka may not, as above. It is important to understand the various proximity rules, because they can lead to unpleasant surprises, and because they extend from spirits to beer and wine. It is probably not okay to bury the word “chardonnay” amidst a sentence singing its praises. It is probably not okay, in most instances, to affix several words before and after BEER.

The rule can be difficult because it’s not always clear how much separation is required (A few spaces? A few line breaks?). It’s not always clear why some terms get treated differently (such as “Silver Rum” or “Cream Liqueur”). It is easy enough to add an extra class/type statement to the front...