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Professional Label Lawsuit Tito's Information

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  • Distilling, at any lelvel, is a hands on experience, and I think a lot of hands are indeed involved in the process. Total BS ambulance chasing money hungry attorneys IMHO. :P

  • well, I don't think it is fair to craft distillers for Tito's to call what they make handmade.... maybe years and years ago... but they need to be open and truthful if they are using NGS

  • @CothermanDistilling said: ...they need to be open and truthful if they are using NGS

    Totally agree @CothermanDistilling.
    There should at least be some sort of code that ques a customer that the distillery did not really produce the alcohol that's inside the bottle... something like Fake HandMade or something.
    Not saying Tito's is doing this but how is it possible that they can service national demand for their vodka by having 3 simple pot stills that they built themselves?

  • edited September 2014

    They need an updated and smartly designed label. They are victims of their own success. Their product is fairly priced and it is as good if not better than many.

    The craft designation does not make it better as many newly minted distillers are finding out.

    StillDragon North America - Your StillDragon® Distributor for North America

  • He has a good product at a fair price. Agreed. But that alone does not sell booze.
    He toots an antiquated distilling process and leads folks to believe that he "makes by hand" every single bottle which is simply not possible. That sells a lot of booze.

    We could have had "Made in USA" printed on everything that I produce here in China but from the very first day we have been upfront and honest. (Pointing my finger at those despicable people that do that - you know who they are, cough, cough, milehi, cough).

    False advertising is just that, a lie. If he is using GNS then he should say so. If he is not, he should say so and make everyone feel better about buying his liquor, especially me.

    How could it possibly be fair to true craft distilleries that don't take the GNS shortcut?

    In my gut, and my gut has been known to be wrong, I think some people get the legal distillery license for the sole purpose of being able to buy and resell Grain Neutral Spirit.
    Buy it, doctor it, bottle it pretty and sell for many times cost.

  • if it says 'produced and bottled' - it is likely GNS... if it says 'Distilled and Bottled' it is supposed to be made on premises... but 'Distilled' or 'made' could be 'bought GNS, diluted, ran through a still'

    Been talked about for some time;

    Vodka in pot stills or column? @ ADI

  • I have been to this distillery, they say they get their beer from their brewery next door and distill it, but the bottle says "produced and bottled"... and you read this article, and think WTF?

    Why are We Subsidizing Fake Canadian Beer? @ The Huffington Post

  • edited September 2014

    Titos stands to lose nothing and craft distillers stand to lose everything by allowing these kind of marks to be misused and diluted. I'm speaking more broadly than to just this lawsuit.

    What does it mean to be craft? To be handcrafted? To truly be a small batch or limited release?

    This is also a topic that has been discussed ad nauseum, but still without resolution.

    Is a good commercial product sold under the guise of a craft label harmful or beneficial?

    Is a terrible craft product sold under a craft label harmful or beneficial?

    The first case represents only a competitive and marketing challenge. The second case is a much more significant challenge to overcome.

  • I cannot believe someone has not shown video of corn or NGS entering their factory to prove it one way or another... also, I am sure someone knows someone at the TTB and has looked at their inspections of their reports to see where the vodka came from...

  • edited September 2014

    I can only tell about the market in Europe: We are forced by law (!) to use agricultural made bought alcohol and are not able to use self made alcohol for products like Gin or Vodka. This is only the case with small distilleries, and this is because the big ones did not want the small ones to break into their market. But other than that, craft distilleries are popping out like mushrooms and some have a really good success.

    What has happened? The small craft distilleries have begun to arrange award tastings like Destillata and begun to make a lot of marketing, tastings and public relations actions like in TV and so on. Until now, the consumers like, what the small distilleries produce and to buy products, that are significantly more expensive, but are decorated with gold medals and the award: "spirit maker of the year" and "spirit of the year" etc. It is a display of lifestyle. So far they can win ground compared to the big players and the award labels are a big plus. The taste of the products does speak for itself, though!

    StillDragon Europe - Your StillDragon® Distributor for Europe & the surrounding area

  • From the TTB website:

    The FAA ( Federal Alcohol Administration Act) Act provisions:

    Ensure that labeling and advertising of alcohol beverages provide adequate information to the consumer concerning the identity and quality of the product; Require that alcohol beverage bottlers and importers must have an approved certificate of label approval (COLA) or an exemption certificate before the product may be sold in the United States; and Prevent misleading labeling or advertising that may result in potential consumer deception regarding the product.

    The TTB is failing with Tito's.....

  • I know one bloke just up the hill from me that would be absolutely sunk if he had to put truth in labeling laws into his business :))

    StillDragon Australia & New Zealand - Your StillDragon® Distributor for Australia & New Zealand

  • This is all very similar to a lawsuit i am in, I am not the defendant, fortunately. @CothermanDistilling the TTB nor the USPTO is not at fault for someones lying, thats why many laws are in place protecting consumers and competitors, its just the american way that lawyers typically make out better than anyone else in these situations...

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