Posts Tagged ‘legally interesting/controversial’
Buck Bunnies and Spirits
The Buck Bunny didn’t get very far. It stopped not far from this 2006 approval. Maybe the antlers, or the spirits, or Jägermeister got in the way.
A contributor in California was concerned about the spirits added to this product, and the overall appearance. He said:
It seems legally interesting because it seems to contradict the TTB labeling code about wines containing distilled spirits and being similar to distilled spirits. Maybe those rules don’t apply to flavored wines. Also, it reminds me of a Jackelope.
Quite possibly, it also reminded Peach Street Distillers of a Jackelope. Peach Street rolled out their Jackelope Gin about a year later.
The spirits are probably a minor problem, compared to the other issues noted above. It is common to add spirits to wine. It is less common to mention them, but it is usually required, when those spirits are not derived from the same fruit as the base wine. Here it is grape wine with citrus spirits. If it were grape wine with grape brandy, the spirits would be less likely to show on the label.
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legally interesting/controversial, statement of composition, trademark
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Good Flags and Bad Flags
In many situations, TTB will not allow national flags, and especially not the US flag. The regulations support this. So the above labels seem to be noteworthy exceptions.
Maize Valley Winery’s Redneck Red wine shows The American Flag on the main label, alongside The Confederate Flag.
In the second example, The American Flag appears with the Military Flag of Japan. The wine is made by D’Vine Wine of Fredricksburg, Texas. A notable instance where TTB did not allow the US flag is on this New Hampshire beer.
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history, legally interesting/controversial, policy, political
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Bemdesor and Bod Liqbt
These brand names don’t exactly roll off your tongue. That won’t stop Anheuser-Busch from bringing them to a TV near you. Keep your eyes peeled for these malt beverage products on TV and in the movies.
A few days ago, The Beersage raised good questions about these labels. At first it was not at all clear, but after some looking around, a good reason comes into focus.
This year’s approval for Bemdesor does not shed much light, nor does this year’s approval for Bod Liqbt. Go back a few more years, however, and it becomes clear. This 2006 approval for the mellifluous Bemdesor Seqyct quite clearly states:
THIS LABEL IS BEING USED FOR DISPLAY IN MOVIE/TV PROGRAMS ONLY. THE BOTTLE WILL BE FILLED WITH A NON-ALCOHOL PRODUCT IN ORDER TO COMPLY WITH FCC REQUIREMENTS.
A-B has used labels of this sort since at least as far back as 2003; here is an early Bod and here is an early Bemdesor. So far there is no sign of the FCC rule at issue, and it’s not the rule cited here. TTB does require something similar at 27 CFR § 7.54(b)(2): “Any label depicted on a bottle in an advertisement shall be a reproduction of an approved label.” Here are ten famous product placements for beer (with nary a mention of Bemdesor).
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business strategy, legally interesting/controversial
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Ingredient Labeling on Wine
Back in the 1970s ATF/TTB worked vigorously to control wine-labeling, where FDA wanted to get involved and insist upon detailed ingredient lists, as is common on most other food labels. The matter got resolved by way of Brown-Forman Distillers Corp. v. Mathews, 435 F. Supp. 5 (W.D. Ky. 1976).
But this did not stop Bonny Doon Winery. Many of Bonny Doon’s labels include quite detailed ingredient labeling, and Bonny Doon has been one of few alcohol beverage companies willing to swim against the tide and volunteer this information. Bonny Doon’s Cunning label shows the following ingredients: grapes, tartaric acid and sulfur dioxide. It goes on to say the product was made with cultured yeast, yeast nutrients, French oak chips, and French oak barrels.
According to Decanter, Bonny Doon president Randall Grahm said:
It’s useful to provide more detailed information about the ingredients used in wine production and reduce our dependence on standard wine additions, even those considered to be benign such as tartaric acid, bentonite, yeast nutrients, enzymes, sulphur dioxide.
Let us know if you see other TTB labels with detailed ingredient labeling.
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legally interesting/controversial, policy
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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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legally interesting/controversial, processing
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