What’s in the Name of Alcohol Designations? – Protecting for Imposters

Bourbon, scotch, cognac, champagne…these are just a few of the alcohol designations commonly seen when referring to different types of alcohol. But what do they all mean, and why are they so important to the industry? Are they just fancy buzzwords used to sell more liquid?  Do they refer back to ancient times and methods for producing products? Are they put there to protect economic interests and the consumers from fakes and phonies? The answer, as with most things involving alcohol regulations, is…it depends.

America’s Native Spirit

Let’s start off with “America’s Native Spirit,” bourbon whiskey.  Whiskey has been popular in the United States since before we even became the United States.  During the 19^th century, Kentucky bourbon was gaining a strong foothold in the marketplace, and by the turn of the century, legal definitions of bourbon started to take shape and separate bourbon as its own unique product.  In 1964, Congress recognized bourbon whiskey as a “distinctive product of the United States” and outlined the rules in Title 27 of the Code of Federal Regulations. 

The rules state:

1. Bourbon must be made in the United States (contrary to popular belief, bourbon does not have to be made in Kentucky).
2. Bourbon must be made using at least 51% corn.
3. Bourbon must be aged in new, charred oak containers.
4. Bourbon must not be distilled higher than 160 proof.
5. Bourbon must not be put into a barrel higher than 125 proof.
6. Bourbon must be bottled at 80 proof or higher.
7. Bourbon must not contain any flavorings or colorings.

So why did Congress feel the need to legally define bourbon?  One reason is for consumer protection.  With its rise in popularity, legally defining bourbon ensured that the consumer would know what they are purchasing and prevent confusion with other products that don’t meet the standards.  The second reason is economic protection for the manufacturers of bourbon.  By declaring bourbon a distinctive product of the United States and requiring bourbon to be produced in the U.S., foreign producers cannot capitalize on the bourbon name.

Sources:

What Makes Bourbon, Bourbon? – New Riff (newriffdistilling.com)

Bourbon as Defined by Law (talksonlaw.com)

Code of Federal Regulations

27 CFR § 5.22(b) – The standards of identity, whisky.

27 CFR § 5.22(b)(1)(i) – Standards of identity

27 CFR § 5.22(I) – Class 12; Products without geographical designations but distinctive of a particular place

Scotch Whisky

While we are on the subject of whiskey, let’s examine the rules and reasoning governing Scotch whisky.  The first recorded distillation of whisky in Scotland was in 1494.  For the next 300 years, Scotch was mainly a Scottish product.  It was first exported during the 19^th century, and by 1880, it became the preferred spirit across Europe.   Amidst global expansion, the large brand owners united to protect Scotch whisky from imitators trying to prosper off its reputation, and by 1933, the first definitions of Scotch were made into UK law.  Further laws were enacted in 1988 and 2009 to govern the Scotch industry. 

The basic definition of Scotch whisky by UK law is:

1. Made in Scotland from only cereals, water, and yeast.
2. Matured in Scotland for a minimum of three years in oak casks (Legally, all whisky in the European Union has to be aged for at least three years to be called whisky).
3. Must be bottled at a minimum of 40% ABV.
4. Distilled below 94.8% ABV so that it retains the flavour and aroma derived from its raw materials.
5. No flavouring or sweetening is permitted.

Sources:

Protection of geographical indication in the EU – Your Europe (europa.eu)

Protecting Scotch Whisky (scotch-whisky.org.uk)

Scotland, Whisky and its Geographical Indications – Harper Macleod LLP

Champagne and Cognac

Champagne and cognac are closely related in their protections.  Not only are they both made in France, but the terms ‘champagne’ and ‘cognac’ are both geographical indications (GIs).  GIs are a sign used on products that tie them to a specific geographical origin.  GIs are an important marketing tool for producers as products tied to a GI often possess the qualities or reputation of the area of origin.  GIs also help consumers distinguish quality products and trust their origin. 

Wine in the Champagne region of France can be traced all the way back to the 1^st century.  By the 9^th century, it was popular across France, and by the 13th century, it was being exported across Europe.  French royalty picked up on the craze in the 17^th century, and that is when the famous champagne houses of today were established.  The unique terroir of the region, the champagne method for secondary bottle fermentation, and the prestige of the name champagne and the feeling associated with it are all distinguishing factors that make champagne unique from other sparkling wines. In the 1891 Madrid Treaty, the name champagne became protected and could only be applied to sparkling wines produced in the Champagne region and adhering to the standards of the appellation d’origine contrôlée.  Defending the champagne designation has been left to the Comité Champagne, and they state, “It is necessary to protect this common heritage, this terroir, these skills, and this legendary name.”

All cognac is brandy, but not all brandy is cognac. Cognac is another GI that can only be used by brandy grown and produced in the Cognac region of France under strict conditions.  Among the requirements are:

1. Only specific grapes may be used (Ugni Blanc being the most popular).
2. Must be twice distilled in copper pot stills.
3. Must be aged for at least 2 years in French Limousin or Troncais oak barrels.

The designation is then taken one step further, and all cognacs are given a quality grade.

• V.S. (Very Special) designates a blend in which the youngest brandy has been aged at least 2 years.
• V.S.O.P (Very Superior Old Pale) designates a blend in which the youngest brandy has been aged at least 4 years.
• Napolean designates a blend in which the youngest brandy has been aged at least 6 years.
• X.O. (Extra Old) designates a blend in which the youngest brandy has been aged at least 10 years.
• X.X.O. (Extra Extra Old) designates a blend in which the youngest brandy is at least 14 years old.

Cognac is protected similarly to champagne. The region’s unique terroir, production methods, and cognac makers’ skill level give the cognac name great marketing power and guarantee the product’s originality and uniqueness.

Sources:

The Champagne designation | Champagne.fr

The Protection of Champagne Wine | In Custodia Legis (loc.gov)

A Geographical Indication | Cognac

Protecting the name ‘Cognac’ – Brandyclassics

Quality Through Individuality

Throughout the years, alcohol has become one of the most closely guarded and protected industries.  National pride in native spirits, unique terroir that imparts flavor, highly refined techniques of production, and guidelines on aging, additives, and ingredients are a few of the ways that these protections ensure the highest quality of products.  The protections give consumers peace of mind that what is in the bottle has been sourced and crafted in a way that is consistent with tradition and that they are not purchasing imitation goods.  These protections are also great marketing tools for alcohol suppliers. Many of these protections are for the highest quality of products in their respective class, and by adhering to the guidelines of the protection, suppliers can charge a premium.

Cheers!