policy

Tensley Wine is not happy with the way things are going in Washington. They claim it took more than a year to get approval on the wine label above. It is no wonder, and it is some credit that our government would approve it at all. Then again, it’s not entirely clear that the label is “approved.” Box 18c shows that it is an exemption from label approval, rather than a box 18a label approval. Either way, I am pretty sure President Obama (among others in Washington) has a thick skin and can deal with it. It is clear that Tensley is annoyed, but it’s less clear what Tensley is annoyed about. There is some griping about the local bureaucracy, and a lot of griping that federal taxes are too high for some people and too low for others. The front label notes that the wine has 1% more alcohol than table wine, but is taxed at a rate 235% higher.

This Sparks label may well be the label that ignited a big controversy, coming to a boil eight years later. As near as we can tell, it is the first or one of the very first label approvals showing the direct addition of caffeine. Since then, TTB has approved hundreds or thousands of labels with a similar caffeine-alcohol combination as per this list, as explained by TTB here. Beginning about two years ago, CSPI began vigorously challenging caffeine-alcohol combination, and then the states and the FTC jumped in. In November of 2009 FDA said the drinks probably should not be allowed. Caffeinated Sparks is gone, but the controversy burns on. Holty’s Cyclone is a much earlier approval, and contains at least two sources of caffeine — but it does not have the directly-added caffeine that makes the 2001 Sparks approval noteworthy. Holty’s is beer with added ginseng, guarana and kola nut. It is quite amazing that Holty’s has an image of a doctor examining the beer and seeming to approve, along with a reference to Dr. Holty. It is also surprising that the product lacks anything resembling a modern statement of composition. The terms are all over the place, from lager to herbs to the stimulants.

I saw this label a few days ago and it screamed out to say there was drama lurking under the surface. Indeed there was. Kevin Bloom, brewer at Manchester Brewing, explained:

The original label was for St. Paula’s Liquid Wisdom, which shows the Renaissance painting “The Conversion of Paula by Saint Jerome.” However, TTB insisted that we were making a medical claim of physical effect, i.e., if you drank our beer you’d become wise. We countered that no reasonable person believed that drinking beer would make them wise (although, I suppose, if you drank enough you would probably learn the wisdom of avoiding such conduct henceforth). TTB said “they had to consider all the people” by which I would guess they mean idiots. Now, it’s hard to argue that there aren’t a lot of idiots about, but we like to think they drink Other People’s Beer.

Anyway, we appealed the decision. While the appeal was pending, we submitted Over Regulated Ale as a substitute. TTB had no objection to the Over Regulated label. We continue to dialogue with TTB about St. Paula’s and look forward to having approval soon.

Is TTB being too tough? Is Kevin being a baby? He only has to comply with TTB, EPA, FDA, IRS, SEC, FTC,...