Courts Are Distilling The Essence Of 'Handmade' Spirits

Law360, New York (June 22, 2015, 11:41 AM EDT) -- The recent, explosive popularity of goods described as "handmade," "handcrafted," "small-batch" and the like has prompted makers of liquors to take advantage of the positive associations consumers have with these descriptors and emphasize those qualities in their products by including them on their labels. Consumers — and the plaintiffs' bar — have noticed: Within the last year, at least eight liquor makers have been sued in multiple consumer class actions across the country. Maker's Mark, Jim Beam, Tito's Vodka, Templeton Rye, WhistlePig, Tincup, Angel's Envy and Breckenridge Bourbon all face suits in district courts in California, Illinois and Florida. These suits allege deceptive advertising and unfair competition under state laws[1] for defendants' use of the language on their labels, such as "handmade," "handcrafted" and "small-batch." While most of these cases are still pending, a few recent decisions indicate how courts are considering the issues and defining the terms....

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