We thought this approval (for Smirnoff Frozen Vodka & Lemonade) was noteworthy because it points out several things. First of all, it tends to show that it’s okay to add a little bit of extra verbiage, to the mandated statement of composition, on a distilled spirits specialty. The required statement is probably VODKA WITH NATURAL FLAVORS AND FD&C YELLOW #5. The one on this label adds a few extra words such as MADE WITH SMIRNOFF. It adds a few other descriptors nearby, at VODKA & LEMONADE. Second, it tends to show it’s okay to put the color details on the back, if the general statement is on the front. CERTIFIED COLOR (general) is on the front and CONTAINS FD&C YELLOW #5 is on the back only. Third, this shows it can take a lot of work and a mighty long time for a big company to bring a product to market. This approval is already about eight months old, and there is no sign of this product on the web or at the indicated domain. Fourth, it’s probably an unusual, pouch-type package and freeze technology, based on the approval, but we’ll need to wait a bit longer to see it. Finally, as with many other Smirnoff-branded products, the references to VODKA are very large, even though...
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Just One Letter

Sometimes, just one letter can make a big difference. As with TEQUIZA versus TEQUILA. One is beer and the other is quite different. TTB/ATF first allowed this brand name in 1997, for a malt beverage with natural flavors. A 1999 approval is shown above on the left, and the most recent approval is on the right above. Just a few months after the the 2008 approval, Anheuser-Busch apparently killed Tequiza in favor of Bud Light Lime. At this point, it’s gone almost without a trace, like Champale, Zima and other fading memories. A lot of the branding stayed the same over the course of twelve years and 29 label approvals. But the legal description got trimmed considerably, during that time, to remove all references to the “NATURAL FLAVOR OF MEXICAN TEQUILA.” This part apparently went too far for the Tequila industry, or TTB, to accept, even if the brand name and agave references did not. By way of another example, from the movies, Little Fockers probably would not be PG-13 if spelled with a u.
Continue Reading Leave a CommentSalmon Vodka

Despite the title above, it is not vodka distilled from salmon. By contrast, it is Salmon Flavored Vodka.
Most people don’t think there is a big distinction between, for example, Lemon Vodka and Lemon Flavored Vodka, but this is an important distinction in TTB matters. The former would imply that it’s vodka distilled from lemons. Which is entirely possible. No word on whether it’s possible to distill a fish. But they do make a fine smoothie. It could happen — inasmuch as the very same Bassomatic purveyor also sells a vodka, already.
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FDA and FTC Banish Four Loko and Joose
In a massive and coordinated action yesterday, the Federal Government moved to favor Red Bull and pummel other drinks with caffeine. FDA handed a giant gift to Red Bull here. The FTC handed a humongous present to Red Bull here. Other actions are expected imminently, as legions of other regulators rush in to exaggerate the dangers (it looks like soda, it’s “loaded with caffeine,” it’s like a “plague” and “toxic”) and ignore evidence to the contrary. This follows many state actions in recent weeks. Presto, problem solved! We eagerly await the evidence that young people cut back on alcohol, or cut back on co-consumption of alcohol with caffeine. We hope it’s better than the current leading study; it purports to highlight the dangers of the pre-mixed products such as Four Loko, Liquid Charge, Joose and scores of others — without ever having examined any such products. Instead, the O’Brien study reviewed products so different they are not even within the scope of yesterday’s governmental actions (none of which, after some dexterous sleight of hand and misdirection, stopped it from instigating the above actions). We believe caffeine and alcohol raise plenty of important public policy issues, whether they are combined or not, and they warrant serious deliberation. But many of the deliberations so far reflect political pressures...
Continue Reading Leave a CommentSquished Witch Red Table Wine

The upcoming Halloween holiday brings to mind candy and costumes and ghosts and ghouls and witches. This year, witches and witchcraft have enjoyed an additional autumnal limelight after tapes surfaced of U.S. Senate candidate Christine O’Donnell (R-DE) claiming to have dabbled in witchcraft while in high school. Squished Witch, from Oz Winery of Wamego, Kansas, looks set to capitalize on the shared whimsy of this year’s Halloween and political seasons. The winery describes Squished Witch as a “fruity, semi-sweet Ives Noir based red.” Like Squished Witch, most of the three-dozen wines in the Oz Winery stable boast some obvious connection to the classic film The Wizard of Oz, including I’ve Got You My Pretty, The Lion’s Courage, The Wonderful Wizard of Oz, Scarecrow, Flying Monkey, and I’m Melting Merlot. The Squished Witch label is home to at least one interesting legal issue. If you were looking for the class/type description and/or alcohol content and weren’t having any luck, note the smallish cursive words “Red Table Wine” nestled in a fold in the land above the fanciful name. I missed them at first, second, and third glance. Oz also has Drunken Munchkin, and it’s rare to have a reference to intoxication on a wine label. The Witch label reminds me that a friend used to...
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So Many Warnings

If you like your warnings big and graphic, you will love the alcohol beverage warnings under consideration in Thailand. The Wall Street Journal of September 17, 2010 shows the photo above, as an example of one of the warnings under consideration.
If you think it can’t happen here, take a look at this tobacco website which explains: “New legislation passed in June 2009 requires pictorial health warnings on 50% of the front and back of US cigarette packages within 24 months, in addition to a 15 month implementation window.” At least 13 countries already require graphical warnings to cover more than 50% of the cigarette pack. At least 38 countries have finalized requirements for picture warnings. The Wall Street Journal article explains:
Alcohol companies world-wide are lining up to fight a Thai plan to require graphic warning labels about alcohol on the country’s domestic and imported beer, wine and liquor bottles.
Continue Reading Leave a CommentThe proposed labels—which would cover 30% of the bottles’ surface area—include unusually explicit warnings about risks associated with alcohol use. One picture shows a shirtless man grasping a woman by the hair and raising his fist to hit her, accompanied by the words, “Alcohol consumption could harm yourself, children and family.”
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