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Flavor Flav Flavored Vodka

Who is this joker and why does he have a vodka? Flavor Flav has a flavored vodka, and it happens to be Bubba Gum flavored. It took almost three months to get the label approved, and so I am enjoying a vision of William Jonathan Drayton, Jr. calling in regular and increasingly anxious status checks to TTB, and arguing about font sizes.

Le Flav joins the swelling ranks of celebrity-endorsed vodka products, alongside Voli (Fergie, Pitbull), Ciroc (Sean Combs), Aftermath (Dr. Dre) and many others.

 

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Class & Type Must Stand Alone

In the above example, it is not sufficient to have VODKA on the front label. Or, the right size. In addition, it needs to be “separate and apart” from other matter. TTB has gotten more strict about this over the years. The above rejection is from a few days ago. The vodka label is from many years ago, to show the movement in the policy, or the enforcement of the policy.

TTB is quite concerned about word placement and proximity. For example, “absinthe” must appear next to other words, as here. Vodka may not, as above. It is important to understand the various proximity rules, because they can lead to unpleasant surprises, and because they extend from spirits to beer and wine. It is probably not okay to bury the word “chardonnay” amidst a sentence singing its praises. It is probably not okay, in most instances, to affix several words before and after BEER.

The rule can be difficult because it’s not always clear how much separation is required (A few spaces? A few line breaks?). It’s not always clear why some terms get treated differently (such as “Silver Rum” or “Cream Liqueur”). It is easy enough to add an extra class/type statement to the front label, to avoid any difficulties (such as adding VODKA to the above label, on its own line) — but only if you know the rule early enough.

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Make Your Own Spirits

It’s clearly okay to go home, add some tomato juice to your vodka, and call it a bloody mary. And it’s almost certainly a bad idea to go home and fire up your small pot still, to make just a little spirits.

Somewhere in the middle, we now have “High Proof Micro-Batch Distilled Neutral Spirit Designed for Infusing.” It comes in a 375 ml. bottle, at 160 proof. It is made by The Northern Maine Distilling Company, of Houlton, Maine. The first related approval seems to go back about one year. It mentions that the vodka is designed for “infusions, extractions, mixology, and culinary applications.” The information-packed website explains:

160 Proof?  Yikes!  Don’t freak over the proof!  The high concentration of alcohol makes Twenty 2 HPS perfect for infusing fruits, vegetables, meats, or dairy into vibrant liqueurs or flavored vodkas.  Think of the 160 Proof like a very sharp knife in your kitchen.  If you handle the knife with respect, it can perform amazing tasks.  Same with the High Proof Spirit.  It’s “sharp blade” creates infusions in hours, not weeks.

We think Northern’s COLA is interesting because we don’t know of too many other products designed for this manner of use. Also, the label underscores that TTB has no problem with strength claims on certain spirits products. This one has “High Proof” in big letters. Plenty of other labels have “Overproof.”

The site has many copyrighted recipes, such as “The Dude’s Caucasian,” inspired by Jeff Bridges and The Big Lebowski. Other eye-opening recipes include:

  • Smoked Gouda Infused Vodka
  • Caramelized Red Onion Infused Vodka
  • Failed Recipes such as Bacon Infused Vodka (“One of the simple rules of this game, like distilling, is ‘junk in = junk out.’” “These are not soy based Bacos, but actual real bacon pieces packed with preservatives so that they don’t need to be refrigerated.  Yum?  Maybe on a salad, but not in an infusion.” “The flavor was of bacon, but not pleasant.  It just wasn’t good.”)

I spent a fair amount of time trying to figure out why Twenty 2 as a brand name. I assumed it had something to do with the consumer’s age, such that, e.g., 7 Teen would not be a good choice. The answer was not evident on the company’s website but may be here:

originally, the name for the vodka was Jewell Vodka. But a company out West already had a copyright [trademark?] on that name, so it was back to the drawing board. The couple decided to get a bit more abstract. … “We talked about doing Aroostook Vodka or Katahdin Vodka, but those are so obvious. We figured, let’s pick a word that can be freely associated with anything,” said Galbiati. “Twenty 2 could be anything. It could be your address, your birthday, a sports jersey. It can mean anything to anyone. It sticks in your mind. Plus, the alliteration is nice. A Twenty 2 and tonic sounds good.”

The same Bangor Daily News article also explains, about the owners and startup:

Starting in early 2006, Galbiati and Jewell quit their jobs and began the process of starting up their business. While getting a license for a winery or brewery is, relatively speaking, not uncommon, getting the license for a distillery is a much more involved process. According to federal law, a person can brew up to 100 gallons of beer on their own, or 200 gallons if two adults are present in a household. A person also can make up to 5 gallons of wine. Any more than those amounts, and a license is needed. … A person cannot under any circumstances distill any amount of spirits without a license. It took Galbiati and Jewell about three years to get the OK to start making Twenty 2.

When I first saw the 2011 approval, I was concerned about blowing Twenty 2′s cover, before they were ready, in that the COLA is only a few days old. But they are clearly ready. Of course they have the 2010 COLA, along the same lines, and the 2011 COLA is a public record — but also, Northern has a big website with a lot of information about this idea (plus Twitter and Facebook). On this topic, I will take this opportunity to reconfirm that we have no real interest in publicizing anyone’s news, before they are ready. We make no claim to be journalists. We will be especially careful not to publicize any client news, before the client is good and ready. In the case of non-clients, we may ask, or be guided by generally available information (or the absence thereof). If, as here, the company website has a lot of the same information, it becomes difficult to ascertain what could be sensitive about the COLA.

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The Original Mountain Dew

I would have thought John Robert McCulloch would get his keester sued off. But maybe he’s right and it’s the soda people who grabbed his brand and ran with it. The approval mentions that “Mountain Dew is the brand John McCulloch sold vodka under from 1885 until put out of business by Prohibition.” I’d wager that’s earlier than Pepsi or any of its forebearers put the lithiated green soda into commerce.

As it turns out, Wikipedia confirms that:  “The original formula (for the soda) was invented in the 1940s by two Tennessee beverage bottlers, Barney and Ally Hartman, and was first marketed in Marion, VA, Knoxville and Johnson City, Tennessee. … The Mountain Dew brand and production rights were acquired by PepsiCo in 1964, at which point its distribution expanded more widely across the United States.” The Hartmans got the name from “a colloquial term for moonshine whiskey” and got the trademark rights soon after.

The McCulloch website makes it quite clear that Mountain Dew was widely used on spirits well before the soda came along. The site also has a lot of old-fashioned spirits advertising, along with the quaint and none too subtle tagline “The Whiskey Without a Headache.”

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The Official Spirit

How quickly times and lines continue to change and move. Just two years ago, these various military-themed labels were considered by many to be tacky. In the absence of much uproar, and with plenty of military activities since then, the march of military-themed alcohol beverages continues apace.

Heroes brand vodka claims to be Veteran Owned, all American, four times distilled — and most startling — “Official Spirit of a Grateful Nation.” The brand is owned by Travis McVey, a U.S. Marine from 1989-1992. During the past few years, McVey teamed up with Lipman Brothers and Buffalo Trace (bottler):

In 2009, Heroes LLC came to fruition when Travis contacted Robert S. Lipman – a beverage alcohol industry veteran – with a business plan for introducing a hand-crafted vodka to all of the active duty military and Veterans as well as civilians throughout the United States. He anticipated the vodka being made in America with distribution to over 6,000 military bases, 6,000 VFW posts, and 12,000 American Legions posts.

When Travis presented his Heroes Vodka proposal … Lipman was intrigued. The successful entrepreneur,whose family established Lipman Brothers in 1939, has been sitting at the helm of the oldest distributor of wine and spirits in Tennessee for nearly 25 years. Hundreds of pitches pass across his desk annually, but something about this one resonated on a different level.

In a further sign of the times, it took more than nine weeks to get the label approved. In these other instances and different times, it took far less time to get other official-looking spirits labels approved:  2007 (Valor Vodka, two weeks), 2008 (44th Inauguration vodka, two weeks), 2009 (Operation Homefront Bourbon, a few days).

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