From the demise of Prohibition until about a year ago, you could fairly safely assume your label was right, if it was approved by TTB. Most people assumed they had a “safe harbor,” created upon approval, even if some of the claims were dubious.
This has been changing, and fast. The causes are numerous. One big one is the Pom case, decided in mid-2014. Another is an onslaught of class action lawsuits (such as Tito’s, Makers Mark, Beam, Angel’s Envy, Templeton). I am not discussing these factors in detail in this post because we have covered them a lot in many other blog posts, readily findable. A third factor is the rise of whiskey. The whiskey rules are quite a bit more complicated than those for other leading categories such as vodka.
Some people don’t like hearing this message and think it sounds a tad alarmist. But for every one of those people, there are experts who understand this confluence of circumstances can take your company down (and perhaps some who are eager to do so). On a less somber note, the article explains some easy ways to tamp down the threats presented.
And here is something else you can do to push these threats away from your business. Get your labels audited. In response to the markedly changed situation, we are pleased to announce our 2015 label audit program. The details are here.
The list of labels deemed ok and approved, and then not ok, grows longer every day (Skinnygirl, Black Death Vodka, Palcohol, etc.). Wouldn’t it be nice to stay off that list? You should think about having a knowledgeable person review your labels, before this chap (Thomas Zimmerman, the man behind many of the lawsuits) does it for you.