Monday, October 22, 2012

TTB Says Jack Daniel's Unaged Rye Isn't Neutral Spirit After All, Sort Of.

Jack Daniel's is one of the world's best known and best selling whiskeys, arguably (depending on which survey you use) THE top dog. It is also one of the world's most powerful brands, built on whiskey, but sold on everything from t-shirts to menu items at T.G.I. Fridays.

All of that makes Jack Daniel's Unaged Tennessee Rye a very important new product. Everyone wants to know what it means for both the rye whiskey and white (i.e., unaged) whiskey segments. Most people don't care that it has also created a controversy involving one of the principal regulators of the beverage alcohol industry, the U.S. Treasury Department's Alcohol Tax and Trade Bureau (TTB).

TTB's main job is collecting taxes. The tax burden on alcohol is second only to tobacco. No matter how poor you are; if you drink, you pay a boatload of tax to all levels of government, the federal government most of all.

TTB's second most important job is regulating the way beverage alcohol products are labeled and marketed. In return for all the millions we drinkers pay in taxes, TTB makes sure the products we drink are what they claim to be and are marketed responsibly. Its rule book is in the Code of Federal Regulations, where you can look it up. The part covering distilled spirits is Title 27, Chapter 1, Part 5, Subpart C, and is called the Standards of Identity for Distilled Spirits ('the Standards').

One of the rules is that every distilled spirits product has to fit into one of TTB's established classes. Whiskey, for example, is a class. Each class is strictly defined in the Standards. Jack Daniel's Tennessee Whiskey is classified as whiskey. That's why people who care about such things were shocked when Jack Daniel's Unaged Tennessee Rye was classified, not as whiskey, but as neutral spirit.

As anyone who has tasted the product will attest, it's not neutral. So why is it labeled that way? Here's the explanation from Jack Daniel's spokesperson Rob Hoskins, "Jack Daniel’s packaging and legal departments argued that the Tennessee Unaged Rye should be labeled as an 'unaged whiskey' which we felt more accurately described the nature of the product to the consumer, but the TTB ruled against this proposal and would only approve the label under the category 'neutral spirit.'"

Strange, since the Standards define neutral spirit as, "distilled spirits produced ... at or above 190° proof." Mr. Hoskins says Tennessee Unaged Rye is produced below 140° proof and is destined, after aging, to become straight rye whiskey. It is, therefore, not neutral spirit.

But then what is it?

All of this was pointed out to TTB and Thomas K. Hogue, their Director of Congressional and Public Affairs, responded. "The regulations are pretty straight forward," wrote Hogue. "Whisky is defined ... as an alcoholic distillate from fermented mash of grain produced at less than 190° proof that must be stored in oak containers. Neutral spirits must be distilled at 190° or higher. A product that is made from fermented mash of grain and produced at less than 190° of proof but not stored in oak containers would be a distilled spirits specialty product, as it would not meet any of the standards of identity."

It could, according to Hogue, be further labeled as spirits distilled from grain. He noted that corn whiskey is an exception, since it need not be stored in oak containers, but must be at least 80% corn grain.

So that means Jack Daniel's Unaged Tennessee Rye is going to change its label, right? "Any time there is a concern that an approved label does not accurately reflect the contents of the bottle, that is something that we address directly with the label holder," writes Hogue.

A comment from Mr. Hoskins at Jack Daniel's has been sought.


Sylvan said...

Has Jack Daniels said why they don't just do the old trick of putting the stuff in 'oak containers' for about five minutes? Maybe that seems unnecessarily costly, given that most consumers equate 'Jack Daniels' with whiskey anyway.

Chuck Cowdery said...

They haven't said, but they may be trying to make a point.

DrinkSpirits said...

Easy fix. Define an "Unaged Whiskey" category. Done.

JD isn't the first to deal with this issue, they are just the highest profile. It's time for the TTB to re-evaluate the entire Vodka/unaged Grain category and split things up.

Chuck Cowdery said...

That reminds me of an old Steve Martin joke. "It's easy to become a millionaire. First, get a million dollars."

Chuck Cowdery said...

That was Monday. It's now Friday and I've heard nothing from Daniel's about this. Keep your eye out for this product when it's released and see how it's labeled. Should be interesting.

Chuck Cowdery said...

It's now been almost two months and JD is still mum on the subject. If Jack Daniel's Rye is released next month as scheduled, it will be interesting to see if it's still classed as 'neutral spirit.'

Chuck Cowdery said...

Another month has passed and still no response of any kind from anyone at Jack Daniel's about this issue.

stevea said...

Sort of an old thread, but I just noticed my heaven hill "trybox" white dog is labelled "rye whiskey" tho' "NEW MAKE" on larger print. ! It certainly never saw a barrel, like the J.Daniels rye.

I think it depends on the whim of the regulator involved.

Chuck Cowdery said...

It actually did touch wood just enough.

Chuck Cowdery said...

Jack Daniel's responded here.