Most of us in the alcohol beverage industry are well aware of the recent litigation affecting various craft distillers around the country. There are at least three pending cases against Tito’s Vodka alone, in California, Florida and Illinois. In addition, there are cases against Templeton Rye, Angel’s Envy and Tincup whiskey. The basis of all of these complaints is alleged consumer misrepresentation, that the plaintiffs would not have purchased these brands if they were labeled and marketed correctly.
In the Tito’s cases, the allegations are that Tito’s is not handmade as stated on the label. In the others, the claim is the products are all made in a huge facility called MGP in Indiana and therefore the products are not as claimed. That is, they are not “small batch” in the case of Templeton, “handcrafted” in the case of Angel’s Envy or with a “unique mash bill” in the case of Tincup.