Here are a few charity-themed alcohol beverage labels. They are becoming more common, to the point where TTB does have a specific policy. In general, of course the charity language has to be truthful and non-misleading — but also, it needs to have a bit of specific information (such as the name of the charity).
Vets Vodka is bottled by Terressentia of North Charleston, South Carolina and benefits the National League of Families (POW-MIAs).
Hope Wine is bottled by Sonoma Wine Company of Graton, California and benefits “our troops.”
Third, Charity Case wine is made by One True Vine, LLC of St. Helena, California and benefits “charities serving children and families in and around Napa County.”
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Fancy Commodity Statements
Do you see something wrong with the above labels? All of them have “fancy” commodity statements, rather than one that is more stripped down. A plain commodity statement would be something like DISTILLED FROM GRAIN rather than DISTILLED FROM FRENCH WHEAT, as on the Grey Goose label above.
On the one hand, there are many label approvals, such as the above. On the other hand, TTB recently rejected DISTILLED FROM NEW YORK GRAIN and said it must appear as DISTILLED FROM GRAIN instead. Can both the approvals and the rejection possibly be right? Between the two, what do you think is more right? This can be critical because most vodka and gin labels must have a compliant commodity statement, to show the commodity from which the base spirits are distilled.
The examples above are Heart of the Hudson Vodka (NY Apples), Tuthilltown Vodka (75 pounds of Hudson Valley Apples), Grey Goose Vodka (French Wheat), Core Vodka (Hudson Valley Apples), Bootlegger Vodka (American Grain), and China Beach Vodka (California Grapes). Other examples are Cold River Gin (Maine Potatoes), Soft Tail Vodka (Washington State Apples), True North Vodka (Michigan Rye), and Flathead Vodka (Idaho Sugar Beets).
Absinthe in a Can?
It looks a fair amount like Tourment Absinthe, but this time around it’s beer. Or, more specifically, Tourment “Absine Refresher” Gargoyle Citrus is a malt beverage with wormwood and other flavors. The product is made by City Brewing Company of La Crosse, Wisconsin, and it has also been approved in a Bohemian Berry version.
From time to time, TTB explains that there is no specific US standard for “absinthe,” so we wonder if it was really necessary to drop the TH out of ABSINE.
Caffeinated Alcohol Beverages
Caffeinated Alcohol Beverages
The proliferation of highly caffeinated “energy drinks” has been one of the hottest and most controversial beverage trends over the past few years. Alcohol beverage marketers have not ignored this new market, as caffeine has been added to a wide variety of alcohol beverages.
In September 2008, the Center for Science in the Public Interest (CSPI)filed a lawsuit in the District of Columbia Superior Court, seeking to enjoin MillerCoors from selling Sparks in the Washington, DC market. CSPI alleges that MillerCoors’ marketing practices are aimed at young consumers and that Sparks itself is dangerous, leading to “drunk driving, more injuries, and more sexual assaults.” CSPI goes so far as to claim Sparks is “poisonous” and unsafe (see page 10 of complaint). CSPI further contends that use of stimulating ingredients in alcohol beverages violates the Federal Food, Drug, and Cosmetic Act (FDCA).
The Tax and Trade Bureau (TTB) remains wary of this trend. TTB does not have an outright ban on health-related claims, but their standards may well be stricter than those found on non-alcohol-energy drinks. For instance, TTB does not allow the use of the term “energy” on labels or advertising. Thus, producers have been relegated to vague (or not so vague) insinuations via advertising and labeling to tout the stimulating effects of their products.
During the summer of 2007, TTB took action against those it felt had pushed the “energy” envelope too far. In July, TTB announced it had suspended operations of the McKenzie River Corporation, producers of the Sparks and Steel Reserve malt beverages, for seven days. Additionally, TTB accepted a $200,000 Offer-in-Compromise (OIC) from McKenzie. These penalties stemmed from McKenzie’s extensive print advertising touting energy/stimulating effects of their products, in violation of TTB’s restrictions on health related claims.
Besides TTB, other government agencies and officials are taking notice of the alcohol and caffeine trend. In a letter to TTB dated August 20, 2007, 30 attorneys general expressed concern that alcohol-energy drinks pose a serious health and safety risk to young consumers. The letter claims that these risks are ignored by producers of alcohol-energy drinks in advertising campaigns, which they believe tend to state or imply the energizing or stimulating effects of the products, in violation of TTB’s restrictions on health related claims. The letter singles out Sparks, Bud Extra, and Liquid Charge. To address these issues, the attorneys general asked TTB to heighten its review of all advertising material related to alcohol-energy drinks, and ensure that the formulation of these products comply with TTB regulations. Note that of the 30 attorneys general signatures, none appears from the largest beer producing states.
In early 2008, CSPI announced that it planned to file a lawsuit to enjoin Anheuser-Busch and MillerCoors from producing their popular Bud Extra, Tilt, and Sparks caffeinated malt beverages. The suit, aimed at products CSPI calls “alcospeeds”, seeks to prohibit these producers from combining alcohol with stimulants (such as caffeine, ginseng or guarana).
Bowing to pressure from CSPI and state attorneys general, Anheuser-Busch recently settled with 11 statesto remove stimulants from Tilt and Bud Extra formulations and to cease future production of caffeinated alcohol beverages. Despite the settlement, Anheuser-Busch asserts that both products comply with TTB regulations, regardless of stimulant content, and denies marketing the products to minors. A few months later, CSPI went after MillerCoors.
Although caffeinated malt beverages seem to receive the lion’s share of the press as compared to other caffeinated alcohol beverages, an increasing number of distillers are quietly adding stimulating ingredients to their products. Many of these featured a blend of caffeine with other exotic ingredients and flavors, including Van Gogh’s Double Espresso Double Caffeine Vodka and Everglo, a blend of tequila, vodka and citrus flavors. P.I.N.K. recently expanded their line of caffeinated alcohol beverages beyond vodka to include caffeinated gin, rum, whiskey, tequila, and sake.
In the coming months, watch for this trend to continue to press the boundaries as to alcohol beverage marketing and labeling.
CSPI v. MillerCoors
Updates:
- States go after malt beverage brands smaller than Sparks and Tilt. (Updated 8/09)
- FTC takes out Wide Eye Liqueur. The FTC claimed the ads suggest that the schnapps liqueur allow consumers to stay alert and can not be substantiated. (Updated 8/09)
- TTB intends to prepare a rule about caffeine and vitamins in alcohol beverages. (Updated 8/09)
- FDA comes down hard on adding caffeine to alcohol (Updated 3/10)
Other Caffeinated Alcohol Beverages
- 3 AM Vodka with Caffeine and Guarana
- 3 Sum Malt Beverage with Caffeine
- 24-Seven Malt Beverage with Caffeine and Guarana
- 808 Vodka with Caffeine and Guarana
- A:M Vodka with Caffeine
- Agwa Herbal Liqueur with Guarana
- Alexandra Cream Liqueur with Coffee Beans
- Atwater Malt Beverage with Coffee Beans
- Axehead Malt Beverage with Guarana and Caffeine
- Bacchus Meadery Honey Wine with Coffee
- Barley Island Black Magic Java Stout with Coffee Beans
- Bee Creek Stout with Coffee
- Bell’s Java Stout with Coffee
- Belvedere IX Vodka with Guarana and Ginseng
- Big Boss Beer with Coffee
- Big Shot Stout with Espresso
- Bluegrass Brewing Co. Stout with Coffee
- Bold City Coffee Stout with Bean Coffee
- BooYa Tequila with Caffeine
- Bootlegger’s Black Phoenix Ale with Coffee
- Borghetti Cafe Sport Espresso Liqueur
- Brooklyn Intensified Coffee Stout Ale with Coffee
- Bruery Turtle Doves Ale with Cocoa Nibs
- Burnett’s Espresso Flavored Vodka
- Buzz Bomb Vodka with Caffeine and Guarana
- Buzz-A-Rita Margarita with Caffeine and Guarana
- Cafe Boheme Liqueur with Vodka and Coffee
- Cafe Lue Orange Wine with Coffee
- Captain Lawrence Stout with Espresso Beans
- Captain Morgan Rum and Cola
- Catalyst Malt Beverage with Caffeine
- Chang Rai Green Tea Wine
- Charbay Aperitif Wine with Tea Leaves
- Charbay Tea Flavored Vodka with Whole Leaf Green Tea
- Chicca Ale Brewed with Coffee Beans
- Cofia Vodka with Hazelnut Espresso
- Cohete Rum with Guarana
- Core Malt Beverage with Guarana and Caffeine
- Corner Stone Ale with Espresso Coffee
- Dark Horizon Ale with Coffee
- Dark Horse Perkulator Malt Beverage with Coffee Grounds
- Deschutes Black Butte Porter with Coffee and Chocolate
- Dizzy Panda Green Tea Wine
- Dogma Ale with Kola Nut and Guarana
- Dolce Nero Liqueur with Espresso Beans
- Dogfish Sah’Tea Ale with Black Tea
- Dogfish Theobroma Ale with Cocoa Nibs and Cocoa Powder
- East End Literally Just a Coffee Porter
- Ecstasy Liqueur
- Esprexxo Coffee Flavored Vodka with Caffeine
- Everglo Liqueur with Caffeine
- Firelit Coffee Liqueur made with brewed coffee
- Flying Fish Ale with Coffee
- Fort Collins Ale with Coffee
- Founders Breakfast Stout Brewed with Coffee and Chocolate
- Four Malt Beverage with Caffeine and Guarana
- Freaky Ice Vodka with Guarana
- George Dickel Whisky and Cola
- Goose Island Bourbon County Stout with Coffee
- Grind Rum with Coffee Extract
- Gruv Malt Beverage with Guarana
- Hard Wired Malt Beverage with Caffeine and Guarana
- High & Mighty Sono Distrutto Stout with Espresso Beans
- Holt’s Cyclone Lager with Guarana, Kola Nut, Ginseng
- Hoodoo Majic Rum with Caffeine
- Iki Beer with Green Tea Leaves
- Illy Espresso Liqueur
- Ineeka Ale with Green Tea
- Ithaca Eleven Malt Beverage with Coffee
- Jack Hammer Malt Beverage with Guarana
- Jah-Va Stout with Coffee
- Jakk’d Grain Neutral Spirits with Caffeine
- James River Plantation Sweet Tea Flavored Vodka
- Java Head Stout with Coffee Beans
- Java the Hub Porter with Coffee
- Javara Rum with Coffee
- Jett Vodka with Caffeine and Guarana
- Jim Beam Bourbon and Cola
- Joe Mama’s Milk Stout with Coffee
- Joe Porter with Coffee
- Joose Malt Beverage with Caffeine and Guarana
- Kahlua Coffee Liqueur
- Keweenaw Mogiana Ale with Coffee
- King Mocha Java Stout with Coffee
- Kona Brewery Da Grind Buzz Stout with Coffee
- Koval Liqueur with Coffee
- La Granja Stout with Coffee
- Lagunitas Cappuccino Stout Brewed with Colombian Coffee
- Laurelwood Espresso Stout
- Lefty’s Porter with Coffee
- Leopold Brothers Coffee Liqueur with Ground Coffee
- Liquid Charge Malt Beverage with Caffeine and Guarana
- Long Trail Malt Beverage with Coffee
- Lost Coast Java Brown Ale with Coffee
- Lotus Vodka with Caffeine and Guarana
- Luna Coffee Stout
- Macarsi Coffee Liqueur
- Mancos Valley Liqueur with Coffee
- MateVeza Ale with Yerba Mate
- Max Malt Beverage with Caffeine
- MacTarnahan’s Goose Bump Stout with Coffee Beans
- Meantime Malt Beverage with Coffee
- Mette Grape Spirits with Coffee
- Mezzaluna Espresso Liqueur
- Mickey’s Stinger Malt Beverage with Caffeine and Guarana
- Mikkeller Black Hole Stout with Coffee
- Mikkeller Oatmeal Stout Brewed with Coffee
- Minx Vodka Cocktail with Guarana
- Mobius Lager with Caffeine
- Mocha Death Ale with Coffee and Cocoa
- Modern Spirits Abstract Standard with Caffeine and Guarana and Tea Leaves
- Modern Spirits Vodka with Green, Black and Oolong Teas
- Mokka Liqueur with Coffee Beans
- Moonshot Beer with Caffeine
- Natty-Up Beer with Caffeine
- New Belgium Giddy Up! Ale with Espresso
- New Belgium Lips of Faith Ale with Yerba Mate
- New Glarus Stout with Coffee
- Nigata Malt Beverage with Green Tea
- Overcast Espresso Stout with Coffee
- Oxtails Vodka with Ginseng and Guarana
- P.I.N.K. Vodka with Caffeine and Guarana
- P.I.N.K. Sake with Caffeine
- Peak Ale with Organic Coffee
- Peak Spirits Grappa with Coffee Beans
- Peche Mortel Stout with Coffee
- Pinnacle Double Espresso Vodka with Caffeine
- Pipeline Porter with Kona Coffee
- Pozharnik Stout with Coffee
- Qi Liqueur with Smoked Black Tea
- R2 Rum with Taurine and Caffeine
- Real Ale Porter Brewed with Coffee
- Red Eye Black Ale with Coffee Beans
- Redhook Double Black Stout with Coffee
- Rhythm Liqueur with Caffeine
- Ricochet Malt Beverage with Caffeine and Guarana
- Rize Malt Beverage with Caffeine and Guarana
- Rockstar Malt Beverage with Caffeine
- Roundhouse Corretto Liqueur with Coffee
- Saint Aubin Rum with Coffee Grains
- Santa Cruz Brewing Porter with Coffee
- Sao Vodka with Guarana and Caffeine
- Seagram’s Coffee Flavored Vodka with Caffeine Added
- Shango Rum Liqueur with Guarana
- ShotPak Gravity Vodka with Caffeine
- Slingshot Vodka with Caffeine
- Smirnoff Espresso Flavored Vodka with Caffeine
- Smirnoff Raw Tea Malt Beverage with Tea and Caffeine
- Smirnoff Vodka and Guarana
- Southern Tier Mokah Stout with Chocoloate and Coffee
- Spykes Malt Beverage with Caffeine and Guarana
- Starbucks Coffee Liqueur
- Stella di Natale Ale with Green Tea
- Stirrings Liqueur with Espresso
- Stone Brewing Coconut Porter with Kona Coffee
- Surly Coffee Bender Beer with Coffee
- Surly Four Stout with Coffee
- Swamphead Midnight Oil Ale with Coffee
- Sweet Horizon Ale with Coffee
- Tenure Espresso Flavored Vodka
- Terrapin Coffee Oatmeal Beer with Coffee
- Terrapin Depth Charge Espresso Milt Stout with Coffee
- Thirdrail Beer with Caffeine
- Three Olives Vodka with Caffeine
- Torque Malt Beverage with Caffeine and Guarana
- Tosta Ale with Cacao
- Trader Joe’s Vodka with Chocolate and Espresso
- Troll Liqueur with Guarana
- Twin Shot Java Cream Vodka with Espresso
- Twisted Pine Espresso Stout Malt Beverage with Espresso
- Twisted Tea Malt Beverage with Tea
- Tyranena Porter Brewed with Coffee Beans
- Underground Grain Neutral Spirits with Guarana and Ginseng
- V2 Vodka with Caffeine
- VAD Vodka with Caffeine, Guarana and Ginseng
- Valdamor Grappa with Coffee
- Van Gogh Double Caffeine Coffee Flavored Vodka
- Vicious Vodka with Caffeine
- Vinergy Table Flavored Wine with Caffeine
- Volta Vodka with Caffeine, Guarana and Yerba Mate
- Voyant Chai Cream Liqueur with Black Tea
- W. Willy’s Wine with Caffeine and Taurine
- Walders Coffee Liqueur Made with Coffee
- White Birch Malt Beverage with Coffee
- Wide Eye Liqueur with Caffeine
- Williamsburg Coffeehouse Stout Ale with Roasted Coffee
- Wolaver’s Ale with Coffee
- XZO Vodka with Caffeine and Guarana
- Yeti Great Divide Stout with Coffee
- Zen Green Tea Liqueur
- Zygo Citrus Flavored Vodka with Guarana and Yerba Mate
- And thousands more that contain caffeine but don’t say so on the label
List updated 6/2010.
Bag-in-Box Wine
It only takes a few minutes to upload your label to COLAs Online, if it only has about one panel, such as this beer label. On the other hand, if you have a bag-in-box container, it’s a lot more work. TTB wants every panel of the box uploaded separately. Gallo’s Peter Vella wine is a good example of how TTB wants it. Each of six panels is uploaded so that the entire label approval runs six feet or more when printed.
It is common for bag-in-box containers to show the equivalent measure in bottles, ounces or glasses. This can trip up the unwary, as in this recent rejection. TTB generally requires not just the size of the box but also the size of each unit to which the box is compared (for example, “5L is equivalent to 6.5 750 ml. bottles”). The Vella label shows how TTB wants it.
Alcohol Infused Whipped Cream
Whipahol must be doing well, because now along comes another “Alcohol Infused Whipped Cream.”
It apparently is packed in an aerosol can. The back label says “CREAM is completely shelf stable and DOES NOT need to be refrigerated even after use.” The qualifications suggest that TTB wanted to check out this claim. This is canned by Temperance Distilling Company in Temperance, Michigan. For other advances in things whipped, there is Pinnacle Whipped – Whipped Cream Flavored Vodka.
November 30, 2010 Update: here is a good CNBC clip on Whipahol, from yesterday. It is hard to believe that this light and frothy product can be portrayed as something sinister, and whipped up into the next “controversy in a can.”
December 8, 2010 Update: the whipped booze products get so very much attention (including our extensive on-air interview with CBS radio) that TTB issues a statement, to explain how such products are regulated.