Marijuana pun doesn't belong on beer, alcohol and tobacco bureau says

[fnord]

http://www.insidebayarea.com/search/ci_9029676

Calif. brewer ordered to stop using 'Legal Weed' bottle caps
By Juliet Williams, Associated Press
Article Created: 04/23/2008 03:59:47 PM PDT

SACRAMENTO _ Vaune Dillmann thought the wording on his bottle caps was just a clever play on the name of the Northern California town where he brews his beer _ Weed.

Federal alcohol regulators thought differently. They have ordered Dillmann to stop selling beer bottles with caps that read "Try Legal Weed."

The dispute started in February when Dillmann sent the proposed label for his latest beer, Lemurian Lager, to the Alcohol and Tobacco Tax and Trade Bureau for approval. The agency, which regulates the industry, asked for some changes to the label, along with a sample bottle cap.

Dillmann obliged, sending the caps he has been using for his five current beers.

The agency responded that the message on the caps amounted to a drug reference. In a letter explaining its decision, the agency said the wording could "mislead consumers about the characteristics of the alcoholic beverage."

Dillmann scoffs at the notion that his label has anything to do with smoking pot.

"I've never tried marijuana in my life," he told The Associated Press on Wednesday. "I don't advocate that. It's just our town's name."

The town of 3,000, sitting beneath Mount Shasta about 230 miles north of the state capital, takes its name from Abner Weed, a timber baron who opened a lumber mill there in 1901 and eventually was elected to the state Senate.

Dillmann, 61, started the Mount Shasta Brewing Co. in 2004. He said he has always used the town's name on his beers and named
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the company's first official brew Abner Weed's Pale Ale.

His bottle labels follow a long tradition of exploiting the town's name. Even city officials do it.

A sign posted on the way out of town reads, "Temporarily Out of Weed," while another says "100 Percent Pure Weed." Dillmann noted those examples in an appeal letter he sent to the alcohol bureau, which used to be known as the Bureau of Alcohol, Tobacco and Firearms.

Once, Dillmann said, his wife, a former teacher, was delayed on a field trip to San Francisco as tourists clamored to pose next to the school bus, which said "Weed High."

But illegal drugs are no joke to the federal agency, which maintains meticulous rules about labeling. Drug references on alcoholic beverages were banned in 1994, agency spokesman Art Resnick said.

"We protect consumers of alcohol beverages against misleading advertising and labeling. That's one of our primary functions. That's what we do, as well as collect taxes," he said.

He said the agency is reviewing Dillmann's appeal.

The Boulder, Colo.-based Brewers Association, which represents 1,100 craft brewers nationwide, said the alcohol and tobacco bureau seems to have become more aggressive in recent years. It has gone after brewers for seemingly innocuous claims, such as descriptions that say one beer is stronger than another, said association director Paul Gatza.

"We're seeing the TTB starting to poke around at breweries' Web sites and issuing letters," he said. "Our trade association is feeling like TTB is overstretching a little bit."

Gatza said a U.S. Supreme Court ruling in the 1980s protected truthful speech on beer labels.

Meanwhile, Dillmann has placed a rush order on unmarked bottle caps so he can keep bottling while he awaits word from the federal agency on his appeal. He has enlisted the help of U.S. Rep. Wally Herger, R-Marysville, who has asked the agency to explain why it rejected Dillmann's bottle cap labels.

The decision banning the "Try Legal Weed" caps came just after Dillmann had placed an order for 400,000 of them, at a cost of about $10,000. It took him four years to go through the first batch of bottle caps, but Dillmann said his sales have been increasing steadily.

Still, the native of Milwaukee said he wonders how some other brewers have gotten away with the names for their products, such as Hemp Ale or Dead Guy Ale. And he can't understand how his label has run afoul of federal alcohol regulators who must surely be aware of one of the most famous advertising slogans in American marketing: "This Bud's for you."

http://www.insidebayarea.com/search/ci_9024496

Weed brewer's bottle caps don't amuse federal agency
Marijuana pun doesn't belong on beer, alcohol-tobacco bureau says
By Ryan Sabalow - SCRIPPS HOWARD NEWS SERVICE
Article Created: 04/23/2008 02:34:15 AM PDT

WEED — The federal government has said no to Weed.

At least it has rejected the bottle caps of beer produced at a popular local brewery in this small Siskiyou County town, whose name no doubt would have kept the 1970s pot-smoking duo Cheech and Chong giggling.

Weed brewer Vaune Dillmann faces possible sanctions or fines from the Alcohol and Tobacco Tax and Trade Bureau if he continues to brew and sell beer with bottle caps featuring the slogan, "Try Legal Weed."

Bureau spokesman Art Resnick said Monday the bottle caps tell consumers to support an illegal drug. That violates rules of the Alcohol and Tobacco Tax and Trade Bureau, successor to the Bureau of Alcohol, Tobacco and Firearms.

Dillmann, who said his bottle caps promote both his beers and the community in which he brews them, has appealed the decision.

After all, he said, the labels on his beers show the Weed arch and the city's founding father, Abner Weed. Dillmann's bottle caps also say "A Friend in Weed is a Friend Indeed."

"We're dealing with a surname that's been used for hundreds of years," Dillmann said.

The owner of the Mount Shasta Brewing Co. said he's also outraged that his beer is being singled out for using a possible pot play on words when Anheuser-Busch has used "Bud" — another name for marijuana — to promote its Budweiser line of beers.

"What's the difference here?" Dillmann said. "They sell Bud — we sell Weed."

For decades, Weed's
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name has become synonymous with pot-smoker humor, and locals will tell you it's a common sight to see red-eyed, tie-dye-clad college students posing in front of the town's Weed highway signs, flashing thumbs ups for the camera.

There also is no doubt that not everyone finds Weed's name funny.

"I understand there have been movements in the past to get the name of the city changed," said Weed City Manager Earl Wilson. "But it hadn't met with great success."

Even so, most in the town of 3,000 are used to the name, and some like Dillmann have gone so far as to use the name for marketing purposes.

Gas stations sell "High on Weed, CA" shirts and hats to tourists passing through town on Interstate 5 or Highway 97, the town's main drag.

In a letter to the Alcohol and Tobacco Tax and Trade Bureau's administrator, Siskiyou County Supervisor Michael Kobseff said California tourism officials have identified Weed as the single most recognized name along I-5.





"Surely, the Alcohol and Tobacco Tax and Trade Bureau is not in the business of suppressing the ingenuity of a small business owner, (and) the community of Weed ...," Kobseff wrote.

Mayor Chuck Sutton said the city's chamber of commerce has used another play on words, "Weed like to welcome you," to promote the town.

Reputation Comments on this post:

Interesting article(s).

[Hyperspaceblastoff]

Try Legal Weed.
bottle caps tell consumers to support an illegal drug

is there something im missing here?

[Panthers007]

In that the liquor industry spends million on advertising their Partnership for a Drug Free America - of course they would toss Freedom of Speech in the bonfire.

Meanwhile, on eBay, I'll bet the bottles w/caps will command a good price. Stock up!

[Eldorhan]

Originally Posted by Panthers007

In that the liquor industry spends million on advertising their Partnership for a Drug Free America - of course they would toss Freedom of Speech in the bonfire.

Meanwhile, on eBay, I'll bet the bottles w/caps will command a good price. Stock up!

Ahahah. Oh you cracked me up

[moda00]

Drug references on alcoholic beverages were banned in 1994, agency spokesman Art Resnick said.

"We protect consumers of alcohol beverages against misleading advertising and labeling. That's one of our primary functions. That's what we do, as well as collect taxes," he said.

Wow. That is all I have to say. Of course, alcohol is not a drug, we wouldn't want people to think that. And then they top it off with the lame excuse that such a play on words could mislead beer drinkers about the true nature of alcohol. As if beer drinkers don't understand the effects of alcohol. I don't know whether to laugh or scream.

[RaverHippie]

I think this is a bigger insult to consumers than Obama's "bitter and clinging to religion and guns" comment. The TTB (what's wrong with ATF anymore?) is claiming that consumers would be stupid enough to think an alcoholic beverage would have cannabis like effects? Even I'm a cynic but I doubt people would be dumb enough to be mislead by a label into thinking they could expect to get high off of a beer.

[Bajeda]

Originally Posted by RaverHippie

I think this is a bigger insult to consumers than Obama's "bitter and clinging to religion and guns" comment. The TTB (what's wrong with ATF anymore?) is claiming that consumers would be stupid enough to think an alcoholic beverage would have cannabis like effects? Even I'm a cynic but I doubt people would be dumb enough to be mislead by a label into thinking they could expect to get high off of a beer.

I doubt they seriously believe that line of reasoning. The answer lies in a quote found within the article:

"We protect consumers of alcohol beverages against misleading advertising and labeling. That's one of our primary functions. That's what we do, as well as collect taxes," he said.

Hmmm.... sound pretty useless to you?

Yeah, does to me too. Looks like someone is trying to protect their useless job.

[Panthers007]

There is a recipe out there for brewing brew using marijuana instead of hops. Voila! Cannabis Ale. Friend of Bongo tried this and it worked. Two bottle would give one a buzz. But it didn't taste very good. Mission aborted after the first run.

Bet the ATF and/or TTB would have had him drawn & quartered for that.

[fnord]

Heres another case"

Maine spanked for ban on Santa's Butt beer label

A dispute about breasts and backsides on beer labels earned the state a place on an annual list of freedom-of-speech foes.
The Thomas Jefferson Center for the Protection of Free Expression picked a state agency's ban on Santa's Butt Winter Porter as one of the nation's most egregious violations of free speech last year.
"I think I'd put this more into the ridiculous category, but even the ones that seem pretty silly touch on pretty serious issues," said Joshua Wheeler, associate director of the Jefferson Center, which is releasing its annual list today.
The organization in Charlottesville, Va., uses the Jefferson Muzzle awards to spotlight what board members believe are the worst infringements on freedom of speech and the press during the past year.
Maine finished seventh on the list of 14, ahead of the NCAA's controversial team logo and mascot regulations and behind the Department of Defense for its surveillance of anti-war activists.
Rep. Peter King, R-N.Y., finished first on the list for calling on the Justice Department to investigate The New York Times after it published information about government surveillance of international financial transactions.
The flare-up in Maine began late last year when the state Bureau of Liquor Enforcement refused to allow a Massachusetts merchant to sell Santa's Butt Winter Porter and two other specialty brews. State regulators said sticker illustrations on the three beers violated a regulation prohibiting "undignified or improper" labels.
The Santa's Butt label depicts a smiling Saint Nick and his rotund rear end, while the other Shelton Bros. beers featured illustrations of topless women -- one from a Eugene Delacroix painting.
The Maine Civil Liberties Union and Shelton Bros. challenged the ban, saying it amounted to government censorship and asserting that the "undignified or improper" standard was too vague.
The state reversed its decision in late December, and owner Daniel Shelton said the company will have its beers on store shelves this Christmas. The company's seasonal brews faced similar scrutiny in New York and Connecticut.
Maine has agreed since then to bring its rules into line with federal standards, which prohibit labels deemed "obscene," said MCLU attorney Zachary Heiden.
"Any time we can put an end to official censorship, that's a good day's work," Heiden said. "Freedom of expression means both political and artistic expression."
Maine State Police Lt. Patrick Fleming, who heads the Bureau of Liquor Enforcement, could not be reached for comment Monday.
The Jefferson Center's Wheeler said the Shelton Bros. case illustrates a common problem involving the way states restrict how alcohol companies market their products.
"We think they step over the line in terms of regulating speech about alcohol and alcohol products," he said.
Shelton, a lawyer, called the Maine case the tip of the iceberg, saying his company has encountered unconstitutional restrictions on alcohol marketing in several states.
"A lot of these state people don't even know the First Amendment applies to them. It's really amazing how little these people understand about it," he said.
The Jefferson Center, founded by a University of Virginia professor in 1990, released its first muzzle awards in 1992. Board members look for national, state and local examples of free-speech infringement when compiling their list, Wheeler said.
The seven-member board counts actress Sissy Spacek, musician Boyd Tinsley and New York University law professor and former ACLU President Norman Dorsen as members.
The board ranked the NCAA 10th for "politically correct and arbitrary" regulations on the logos and mascots of members' athletic teams, a rule that forced some schools to scuttle or alter Indian logos while others remained intact.
Staff Writer Elbert Aull can be contacted at 791-6325 or at:

Wow i just looked into the rules about lables/bottles:
http://www.beerscribe.com/labels.html