Posts Tagged ‘speech’
I keep hearing about a Bud label that is so overflowing with patriotic hues and cries, that there is no room for the term Budweiser. For example, this Chicago Tribune article, from just a few hours ago, suggests that the label is under scrutiny somewhere deep within the belly of the bureaucracy.
Lo and behold, however, the label at issue got approved way back here, on March 1, 2016.
I have no idea whether this marketing plan (taking the Americana theme to the extreme and then quite a bit further) is a good idea. On the other hand, it’s difficult to find any basis for the government to have disallowed this label. At first I thought it might not mention the brand name at all, but it does, on the neck label. Then I thought maybe, somehow, it was so weighed down with homages to America, and so dressed up so as to resemble U.S. currency, that the term Beer did not fit on the label. But again, it is there, barely, this time at the upper right. If real patriotism were similar to the commercial kind, I would love to take a small measure of credit for this. We worked on this Ol’ Glory beer label about five years ago, and it is an open question, which one takes the cake.
Bud America label will look mighty nice, in a gigantic display at 7-11, on a hot July day this summer. It will look particularly nice next to this Bud Light label, submitted within the same week.
Yes that’s the whole label and it’s once again heavy on the Americana and light on the rest. At the risk of stating the obvious, a perusal of all recent Bud labels shows the advantages and disadvantages of being enormous. They can throw almost literally everything at any would be competitor: Americana, fish, soccer, kicking, shooting, baseball, festivals, concerts, hockey, basketball, football, etc.
In doing so, the CityPages article took a few tough shots at TTB, calling them a “bunch of unchill tightwads,” “notoriously persnickety,” and describing the anatomy of people who work there, in an even less flattering way.
But if the label at issue looks anything like the above, why should a government agency give it a thumbs up? What’s the point of a review process, if it’s so porous that an LSD label would go through? By contrast, this one looks to be the version that did go through, and I really don’t think it’s so bad, or such a gross imposition on free speech. This seems like a good balance; the approved version certainly gets the point across, in a slightly more subtle way.
Even the brewer seems to acknowledge the above name might go too far, saying “With the name, I think we were pushing the envelope, too. Unfortunately, the envelope broke.”
There should be no doubt that a solid disclaimer can help make your label ok. And if there was, the Bad Medicine brand of spirits should put it to rest. In at least two places, the Bad Medicine labels say “The name Bad Medicine does not refer to any claimed health benefits.”
Not so long ago, it would be unthinkable that TTB would allow “medicine” or “health” talk — outside the mandated Government Warning. But the case law keeps changing, and so do the labels, along with it.
What other disclaimers are out there (beer, wine, spirits) and what ones should be?
Joe Sixpack this week has a good and thorough look at the many beer labels that talk about and tip a hat to their colleague, marijuana. The numbers and audacity are surely growing, as the old and antiquated laws fall by the wayside a bit. I like the quaint and funny reference to coats of arms:
With this month’s ballyhooed legalization of marijuana in Colorado, some beer makers are adding playful drug references to their brand names and labels, and regulators can do little to censor them.
Label oversight, a quirky if contentious area of federal alcohol law, has confounded breweries for years with often capricious standards that bear little on consumer protection.
Federal law, for example, oddly prohibits the use of coats of arms or wording that promises ‘pre-war strength,’ whatever that means.
Mr. Russell (aka Joe) also helped educate me that a safety meeting is not necessarily boring and dire:
Yes, there are limits. Dark Horse Brewing, in Michigan, lost its bid for Smells Like Weed IPA, though its hops, in fact, smell like pot. The name was later changed to Smells Like A Safety Meeting IPA. (A ‘safety meeting’ is slang for taking a break on the job to light up a doober.)
But expect to see fewer of those objections as more states move toward legalization.
Way back in mid-December of 2012 I would have considered this Shelton Brothers COLA to be, perhaps, an aberration. But upon checking it again, today, I see a few more COLAs with the same word — arguably in need of the fig leafs above.
It is hard to believe that the government did not see the word at issue. On the above-linked COLA it appears no less than three times. This may signal that, as social mores liberalize and budgets shrink, the government has bigger (or fewer) fish to fry. Clearly, it signals that Daniel Shelton does not mind pushing the envelope, or many. The Amherst College magazine unabashedly explains that, after graduating from Amherst, Shelton:
went to a prestigious law school … then clerked for a judge (on a tropical Pacific isle, of all places) and finally secured a position at a venerable firm in Washington, D.C. (but convinced Shea & Gardner that he needed to spend a year bumming around Africa before starting.) … “My Amherst education has not been wasted at all. I use it more in this business than I ever did in lawyering. I never was completely comfortable with the idea of being a lawyer, anyway.”
This creaky old regulation still prohibits any beer labeling that is “obscene or indecent.” At this rate, however, it is difficult or uncomfortable to imagine something that goes too far — or too far for Dan. Many thanks to Mark for showing me these labels.