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Kombucha Buzz Draws TTB Scrutiny

Mention the words “kombucha” and “buzz” in 2006 and you’d likely be referring to the drink’s growing popularity. But mention those same words today and you’d likely be talking about allegations the fermented tea drink contains a small but legally significant amount of alcohol.

As a recent TTB statement illustrates, the Bureau is working with FDA to ensure that kombucha sold as a non-alcoholic beverage—currently all kombucha—contains less than 0.5% alcohol. Some reports claim kombucha contains up to 3% alcohol. From the TTB release:

Kombucha is a fermented tea that is typically marketed as a non-alcoholic beverage, which means that it may contain a trace amount of alcohol, as long as the overall alcohol content is less than 0.5 percent alcohol by volume. In some cases these products have alcohol contents that significantly exceed 0.5 percent. At this point, TTB does not know how many brands might be affected by this issue.

[...]

TTB plans to take samples of kombucha products from the marketplace and test their alcohol content in order to determine if the products are labeled in compliance with Federal law. If TTB finds alcohol beverages that are not labeled in accordance with Federal law, we will take appropriate steps to bring them into compliance.

TTB’s kombucha inquiry received some added exposure after Whole Foods pulled the drink from its shelves at the suggestion of TTB and amid news reports suggesting troubled actress Lindsay Lohan’s consumption of the drink may have been responsible for setting off her court-ordered alcohol-monitoring ankle bracelet. Lohan, for her part, recently began serving a 90-day jail sentence a judge imposed on the actress earlier this summer as punishment for skipping mandatory alcohol-education courses.

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Charity Labels

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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Ethyl

Here it is. What all the controversy is about. EtOH. It is quite possibly the most popular psychoactive substance in the world, running neck and neck with caffeine, at least among substances that don’t require a prescription or jail time.

EtOH is otherwise known as ethanol or alcohol or ethyl alcohol. Ethanol is a contraction for ethyl alcohol and ethyl derives from “ether.” This particular EtOH is bottled by Ballast Point Spirits of San Diego, California.

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Adult Beverages

Here it is, in all its glory, at long last. TTB’s “areola” policy.

From time to time, depending on the circumstances, TTB will say these particular body parts are “obscene” or “indecent” and must be covered. Here is a recent example of such a rejection. It says “Please cover the areolas on the woman.” And these, by way of another example, are certainly well covered.

The label above is Amethystos dry white wine, from the Drama region of Greece.

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Liquor Sicle

This Liquor Sicle label features a prominent reference to “Liquor.” This has become rare. Where did the term come from, and where did it go?

The Online Etymology Dictionary defines “liquor” this way:

early 13c., likur “any matter in a liquid state,” from O.Fr. licour, from L. liquorem (nom. liquor) “liquid, liquidity,” from liquere “be fluid.” Sense of “fermented or distilled drink” (especially wine) first recorded c.1300. To liquor up “get drunk” is from 1845.

It is semi-ironic that this term is being applied to one of the few TTB products that is not intended to be consumed in a “liquid state.” From way back in 1892, here is a court struggling with the term, and trying to find the distinction between beer and liquor.

In a further irony, the term is probably used more commonly, these days, on malt beverages (such as Colt 45) compared to distilled spirits. “Malt liquor” goes back to at least 1937, and Alvin Gluek secured a patent on it in 1948.

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