Finally a lawsuit based on false labeling claims. Tito's Vodka

[wadewood]

http://www.bevlaw.com/bevlog/vodka/the-titos-lawsuit-when-approval-is-not-approval

copy of actual case - http://www.craftbev.org/docs/tito.pdf

If the TTB will not properly enforce the law, it looks lawyers are more than willing to take action.

[Ejmharris]

For once, happy to see lawyers get involved.

[P&MLiquorsEric]

The Tito's Lawsuit: When Approval is Not Approval

Source: BevLaw

Robert C. Lehrman

September 20th, 2014

Tito's vodka was doing great for the past 15 years, then hit a gigantic speedbump this week in the form of a class action lawsuit.

Tito's therefore provides a good example of when an approval is not really an approval. Tito Beveridge has more than 30 TTB label approvals for his vodka from 1997 to 2013 (as in the above image, from LabelVision). They may not do him much good in this lawsuit, even though, in years past, most would assume the federal approval would be dispositive. It's a good thing most TTB approvals are not paper anymore because these would "not be worth the paper they are printed on."

http://www.bevlaw.com/bevlog/wp-content/uploads/2014/09/t.png

(Entirety of blog post removed - Scott)

See more at: http://www.bevlaw.com/bevlog/vodka/the-titos-lawsuit-when-approval-is-not-approval#sthash.biWPrNK9.dpuf

Edited September 22, 2014 by callmeox
Please do not copy entire works of others to threads - excerpt and link is appropriate

[P&MLiquorsEric]

GNS GNS GNS. There is a good chance that all middle to low shelf vodka wasn't "handmade" nor was it originally distilled at the place claimed on the bottle.

[sailor22]

I hope this suit puts those charlatans out of business. When did it become OK for producers of the food and spirit we consume to lie about what they are selling?

[sailor22]

This is great news. Here's hoping this suit gets some traction. At the very least it should cost this charlatans at Tito's a boatload of cash to defend. Why do producers in the food a spirits industry think it's OK to lie and obfuscate about what is in the product we are drinking and eating? Consumers should expect an accurate description of contents and manufacturing procedure.

[callmeox]

Two Tito's threads merged.

[squire]

Good point Steve, it really is about truth in labeling and consumer protection. If these guys were selling ground beef or breakfast cereal the Feds would've cracked down long before now.

[squire]

As to your point Eric I believe virtually all the cheap vodka/gin labels on the market are sourced GNS. Heaven Hill and the other majors can buy it from MGP cheaper than make it themselves. Of course the NDPs use it, that's the smart move.

Did Tito ever make vodka from those cobbled together beer kegs? I mean you can distill a low proof liquor in just about any old sealed pot but to reach the legal requirement for vodka (190 proof) even with multiple passes a pot still without a rectifying column won't do it. So if that's the equipment he claims to have started with Tito's kegs are props and his story is bogus.

Edited September 22, 2014 by squire

[wadewood]

Tito's does not give public tours and has not for a long time. They say their insurance company will not allow it (yeah right). But they did early on when they started and I went on it. This was back in the early 2000's and even then I saw no fermentation tanks.

[squire]

Wade what type still(s) were they using?

[P&MLiquorsEric]

Tito himself responds.

Claims that because the equipment was installed by hands, that it is in fact handmade. No mention of the origin of the GNS.

Tito Beveridge Responds To Lawsuit - Letter from Tito's Handmade Vodka

Source: Fifth Generation, Inc.

September 23, 2014

I've been asked to respond to the lawsuit filed against us. While this is a legal matter and we plan to formally respond in court, here are some initial reactions.

It's alarming that we get sued by someone who claims they know everything about how we make vodka yet they don't even get our corporate name right. It is Fifth Generation, Inc., not Fifth Dimension, Inc. It's on the front label, just under Handmade. Apparently these kinds of cases have become popular in California among a certain segment of the California legal community. I bet a number of other folks in our industry will see similar cases in the not-too-distant future.

Here at Tito's Handmade Vodka, we are proud of our process that focuses on the quality of the product and involvement of human beings. We distill at the same distillery in Austin, Texas where I, Tito, started the business in 1995, distilling in batches in pot stills that are customized and hand-built on-site to our proprietary specifications. We hand-connect the hoses and pumps as we taste and qualify the next steps with the distillate. We taste our product to ensure head and tail cuts, all of which are done at our distillery in Austin, Texas, are made to our exacting standards to deliver the highest quality. The artistry involved in knowing when it's time to make those cuts is something that cannot be duplicated by even the most sophisticated machines. Our proprietary process is designed to bring the very best quality vodka to our friends and fans for a reasonable price.

In addition, all of our labels have gone through the approval process of the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau (TTB). After sending a field agent to Austin to review our processes, the TTB has approved our use of "Handmade" on our label. We think our pot still batch distillation process is one of the key things that differentiates us from a great majority of other vodkas. We disagree with the claims made against us, and plan to defend ourselves against this misguided attack.

Tito Beveridge

Tito's Handmade Vodka

[squire]

Distilled from what? Anybody can run bought GNS through their still and claim to have "made" it. If Mr. Beveridge is truly proud of his process he could set up a virtual tour (like Tom Foolery or Finger Lakes) and disprove his critics. No tourists, no premises liability problems, just accurate disclosure.

[dcbt]

"In addition, all of our labels have gone through the approval process of the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau (TTB). After sending a field agent to Austin to review our processes, the TTB has approved our use of "Handmade" on our label."

The TTB has also approved a 70-proof, root beer flavored bottled-in-bond whiskey.

http://www.straightbourbon.com/forums/showthread.php?21877-TTB-Failure&highlight=root+beer

https://www.ttbonline.gov/colasonline/viewColaDetails.do?action=publicFormDisplay&ttbid=14006001000453

Edited September 23, 2014 by dcbt
added links

[Ravensfire]

At least their three most recent versions of Uncle Bob's don't have BIB on the label. They still try to call it whiskey though ...

https://www.ttbonline.gov/colasonline/viewColaDetails.do?action=publicFormDisplay&ttbid=14133001000521

https://www.ttbonline.gov/colasonline/viewColaDetails.do?action=publicFormDisplay&ttbid=14133001000511

https://www.ttbonline.gov/colasonline/viewColaDetails.do?action=publicFormDisplay&ttbid=14217001000334

Edited September 23, 2014 by Ravensfire
Whoops, missed a label

[squire]

I would laugh if it weren't so sad.

[TunnelTiger]

I guess along with deny, deny, deny we should have spin, spin, spin.

There is so much double talk today that comes out of the mouths of corporate executives it's no wonder no one believes a word they say.

[dcbt]

Reminds me of the Seinfeld episode where George says, "Jerry, just remember, it’s not a lie if you believe it."

[squire]

Tito was in sales before becoming an executive.

[P&MLiquorsEric]

The booze business is all smoke and mirrors. Bourbon has the benefit of labeling and legal requirements. So does scotch and many wine regions. Every thing in between is bullshit, lies, deceit, and marketing.

[JKLS]

So just take handmade off the label. Really, how many Tito's fans will stop buying it if it doesn't say handmade on it? It's vodka, their audience really doesn't give a sh!t.

My employee used his hands to run the program that makes the distillate, ergo, it's handmade.

[squire]

Don't forget the barrels, somebody hasta roll the barrels.

Wait a minute, vodka doesn't go in barrels. So it goes to . . . that big ole holding tank on the bottling line? Well, the computer room guy hasta use his hands on the keyboard.

[P&MLiquorsEric]

I guess some would like to see at least a little bit of truth on the label.

The one point I will give Tito credit on is that he has kept his word on never making a flavored vodka. Unless you consider his product vodka flavored GNS.

[smokinjoe]

I really don't have a problem with the "Handmade" part on the label. Having been to at least a few rodeos in my day, I'm mature enough to take claims like that with a grain of salt. However, everything I've read points to the probability that they are not "making" this vodka, in the degree that most reasonable people would expect (if in fact, they are redistilling someone else's distillate). That does bother me.

[squire]

I'm commenting on Tito because that's the thread but the problem is lack of legal definition over use of words such as handmade, hand crafted, artisan, etc., even small batch. This is not to say such legislation is necessary, rather that widespread abuse should be curtailed and that's one of the reasons they built Courthouses.