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  1. #31
    Guru
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    Sep 2004
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    Jackson, MS
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    12,471

    Re: Diageo v. Brown-Forman

    I don't see where they "had" to exempt Pritchard, there were certainly other going concerns at the time the law was implemented who would've liked an exemption as well.

    Of course there is no reason someone cannot produce a Tennessee Straight Bourbon whisky if they like, those requirements are long established and clearly set out.
    We're Bourbon Geeks, it's who we are, it's what we do.

  2. #32
    Bourbonian of the Year 2011
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    Sep 2002
    Location
    Toronto, Canada
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    9,169

    Re: Diageo v. Brown-Forman

    I gather Pritchard was the largest producer. At a certain point the legislator decides, and acts; it is never a perfect equation. As to lack of enforcement in the past, we see a similar situation in other areas of alcohol regulation, or non-alcohol for that matter. The legislator acts fitfully and not always consistently. I think each side in this current dispute has some good arguments on the merits of it; we shall see.

  3. #33
    Guru
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    Jackson, MS
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    Re: Diageo v. Brown-Forman

    Fitfully is exactly the word that occurred to me earlier but I don't suppose the TN Legislature is unique in that.
    We're Bourbon Geeks, it's who we are, it's what we do.

  4. #34
    Bourbonian of the Year 2002 and Guru
    Join Date
    Sep 1999
    Location
    Chicago
    Posts
    12,637

    Re: Diageo v. Brown-Forman

    I suppose we can entertain the possibility that this is the first time anyone has violated the storage law. Also, it's not so archaic, in that it was amended just last year to make storage in an adjacent county legal.

    The state of jurisprudence right now on Commerce Clause cases involving alcohol is that the mere fact that alcohol is involved does not mean the state can do whatever it wants. The state has to show that its rule is reasonably related to furthering the state's interest in alcohol control.

    One argument I can imagine the TABC making is that it requires funding to do its job, and assuring that all products distilled in Tennessee pay taxes throughout their entire life cycle helps secure that funding.
    Last edited by cowdery; 03-31-2014 at 17:15.

  5. #35
    Advanced Taster
    Join Date
    Mar 2014
    Location
    Exile on Tonghuajie
    Posts
    139

    Re: Diageo v. Brown-Forman

    If what the Colonel surmises on his blog is true- I present the following as the Grand Diageo Conspiracy:

    In two to three years, don't be surprised to see the following product announcement:

    George Dickel (Brand)
    Tennessee Lightning (Product)
    Tennessee Sourmash (Product Description)
    "Lightning in a Bottle" (Tagline)
    No age statement (but aged approx 2 years)
    In a square bottle with Black Labels very similar to EWB "wink wink"
    Blended and colored by expert colorist to be the same color as JDB, and maybe includes sweet smoke flavor
    Priced to be on the lowest of low shelves, but taste more like JDB than JDB currently tastes and at 1/2 the price.
    It could even be at 70 proof or possib 90(?)
    It could possibly be an export only product, which will fit right into their international distribution network.

    This will accomplish multiple things: distort Tenn Whiskey, secure more barrels for the EU in a time of shortage, pressure Tenn lawmakers, build maket share, hurt JD. Note that it will not be labelled Tenn Whiskey (or possibly even Whiskey).

    I don't particularly trust Europeans to protect American interests, so I am happy that Bourbon has strict legal protections- even moreso with BiB. I do hate that the great Irish Guinness has become the evil Diageo.

  6. #36
    Taster
    Join Date
    Jun 2012
    Location
    Arkansas
    Posts
    80

    Re: Diageo v. Brown-Forman

    Certainly glad this little bit of nasty business is over, now back to enjoying GD12.

  7. #37

    Re: Diageo v. Brown-Forman

    Looks like the complaint against Diageo for storing TN distilled whiskey in KY has been dropped. This article states that some GD is aged in KY. Not sure if its true or just poor reporting
    http://abcnews.go.com/US/wireStory/f...iskey-24083935

  8. #38
    Virtuoso
    Join Date
    Aug 2013
    Location
    Commonwealth of Bourbon
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    1,163

    Re: Diageo v. Brown-Forman

    Diageo had a warehousing shortage and did ship distillate to KY. They have built added capacity in TN, but it did occur (and may still be).

  9. #39
    Disciple
    Join Date
    Jun 2013
    Location
    NWGA
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    1,965

    Re: Diageo v. Brown-Forman

    Article in this mornings Chatt. Times/Free Press says this is not over and is going to be continued in next legislative session.

  10. #40
    Virtuoso
    Join Date
    Aug 2013
    Location
    Commonwealth of Bourbon
    Posts
    1,163

    Re: Diageo v. Brown-Forman

    Here is an article from todays Lexington Herald-Leader.

    http://www.kentucky.com/2014/06/11/3...ml?sp=/99/164/

 

 

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