Sorry, but you flip-flopped it. Due to interstate commerce laws, federal laws must be followed. Some states (like Texas) actually have harsher local laws. That’s why thy put the ban on Dirty Bastard.
Now about that whole:
thing. Again @billstewart No, not really - or we wouldn’t have demons and hemp running around on them, and it’s fine to put hemp on bottles that actually contain that product.
I’m going to make this obnoxiously freaking clear for you. (Even though I already said it.) I ALREADY KNOW there are U.S. beers made with hemp. I really don’t take any issue with a hemp beer containing hemp. (I promise I don’t.) Neither does the labeling dude. Want proof? Look at the image above.
In fact, he’s trying to make sure a beer that doesn’t contain hemp doesn’t take any part of that specific market by falsely advertising. All that’s been said - by the TTB, him, or me - is, “if you intend to make a claim that beer does contain hemp, you better darn well put some in there!” The Shasta brewing Co. wasn’t putting hemp in the beer they put that cap on.
Since I had to post this for other countries, I guess no one’s willing to go find a link anywhere. Here’s the link for the U.S. law through the Alcohol Tobacco Tax and Trade Bureau. The direct link for labeling law is 27 CFR Part 7. Here are some specifically-related parts of that law, so we can hopefully put this to bed.
Remember that “India Dark Ale” from the article? Here’s the applicable law.
7.24 Class and Type
(f) Geographical names for distinctive types of malt beverages (other than names found under paragraph (g) of this section to have become generic) shall not be applied to malt beverages produced in any place other than the particular region indicated by the name unless (1) in direct conjunction with the name there appears the word “type” or the word “American”, or some other statement indicating the true place of production in lettering substantially as conspicuous as such name, and (2) the malt beverages to which the name is applied conform to the type so designated. The following are examples of distinctive types of beer with geographical names that have not become generic; Dortmund, Dortmunder, Vienna, Wien, Wiener, Bavarian, Munich, Munchner, Salvator, Kulmbacher, Wurtzburger, Pilsen (Pilsener and Pilsner): Provided, That notwithstanding the foregoing provisions of this section, beer which is produced in the United States may be designated as “Pilsen,” “Pilsener,” or “Pilsner” without further modification, if it conforms to such type.
(g) Only such geographical names for distinctive types of malt beverages as the appropriate TTB officer finds have by usage and common knowledge lost their geographical significance to such an extent that they have become generic shall be deemed to have become generic, e.g., India Pale Ale.
Unlike IPA, “India Dark Ale” isn’t a standard type of beer, and “India” isn’t a standard generic reference to beer from anywhere. It may suggest a region of source rather than a blend. Since that beer didn’t come from India, Battle’s argument was sound.
So YEAH - he followed the law.
He did that for the other examples as well.
7.29 Prohibited Practices is too long to post in full, so here’s a link to the page.
Here are notes about how it relates to the various beers in the article - and why it is that he really did follow the law when he questioned that 0.03% (maybe) of beer labels.
“King of Hearts” Look under 7(e)(ii) - it’s a symbol - considering that there’s a lot of research showing a link between alcohol consumption and heart disease, it’s not surprising that big, healthy hearts are being kept off labels.
Enjoy.
“Pickled Santa” - Look under 7.29(7). You can’t claim that beer is a distilled spirit, so you can’t make exaggerated claims about the alcohol content in a bottle - either in text or graphics.
Danish “hamburger” - That’s 7.29(a)(1), you can’t make an untrue statement - so you can’t claim a food product is in the bottle that isn’t in there.
“heart-warming ale” - That’s 7(e)(i) it’s a health-related statement making a claim that the alcohol will have a health effect
Finally, there’s the cap. WEED. Even though it isn’t the “label” it’s still covered by law. It falls under:
Misbranding 7.21(b)
(b) If the container, cap, or any label on the container, or any carton, case, or other covering of the container used for sale at retail, or any written, printed, graphic, or other matter accompanying the container to the consumer buyer contains any statement, design, device, or graphic, pictorial, or emblematic representation that is prohibited by §§7.20 through 7.29.
(What it’s breaking is 7.29(a)(1) - again, a claim that an ingredient is in the bottle when it isn’t.)
Seriously. Get over it.