You can pick up the Daily Beast story if you want the names
of some of the companies involved in the scandal, but the basic concept is that
for the past few years there have been a large number of small companies
entering the distilled spirits market with what they claim are “craft distilled”
products – allegedly hand-made and hand-bottled in small batches using an artisanal
process that is somehow superior to that used by companies that have been
producing quality product for over a century. However, if you read the fine
print (and look up said company’s incorporation documents) you will find that
some of the people claiming to have distilled and aged their own products are
actually using beverages distilled by a large-scale factory operation in
Indiana and then sold in bulk…
Now, it’s important to remember that none of these things
are illegal as such, assuming the company is using all of the right
disclaimers. Saying that a given bottle contains liquor aged five years when
the contents were distilled last week is a crime, but saying that we age our
product for five years isn’t – the company may indeed be in the middle of its
first five-year run of product and could just be selling liquor that someone
else aged for five years until that first run is ready. If all of these facts
are clearly specified on the package then the company hasn’t actually violated
any of the food labeling laws. Whether or not they have violated the truth in
advertising laws is another matter, of course, and even if these business
practices do ultimately turn out to be permissible under the law, the ethics of
the situation are another matter entirely…
I have also pointed out from time to time over the years
that if the government ever outlaws making money off of the stupid, the
credulous, and people who are bad at mathematics our economy will probably
collapse. Without product labelling and truth in advertising laws there would
be nothing to stop companies from marketing liquids distilled from any
available organic sludge as genuine imported liquor from whatever country is
selling best this week, just to take the obvious example, and most of these
laws do include the making of misleading statements on the list of things you
are not allowed to do. But anyone who publically states that their company was
founded in 2013 and their products for sale are five years old is effectively
telling you up front that someone else made that product…
You’ll have to decide for yourself if the product is worth
the asking price – and whether or not you are comfortable doing business with a
company that is following the letter rather than the spirit of the consumer
protection laws. There could be other problems that would result from such a
practice…
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