A New York beer distributor has received word by telephone that the New York State Liquor Authority will not allow six beers with cheerful holiday-themed labels to be sold in the state this Christmas season. The SLA representative explained that the labels could not be approved for sale because Christmas imagery would “appeal to underage drinkers.” The banned beer labels are:
• Santa’s Butt Winter Porter (depicting Santa enjoying a pint atop a large barrel, or ‘butt,’ of beer)
• Warm Welcome Nut-Browned Ale (depicting Santa arriving to a fiery welcome at the bottom of the chimney shaft)
• Very Bad Elf Special Reserve Ale (depicting a wayward elf celebrating Christmas a little too early)
• Seriously Bad Elf English Double Ale (depicting the same elf taking aim at Santa and his sleigh with a slingshot)
• Criminally Bad Elf Barley-Wine-Style Ale (depicting the intractable and belligerent elf finally behind bars)
• Rudolph’s Revenge Winter Ale (a straight-on cartoon portrait of the famous red-nosed reindeer)
Shelton Brothers, importers of the beers, have retained an Albany attorney, George Carpinello, of Boies, Schiller & Flexner, to seek a court ruling overturning the SLA’s decision. George Carpinello was the lead attorney for the plaintiff in the case of Bad Frog Brewing Co. v. New York State Liquor Authority, which culminated in 1998 in a decision by the federal Court of Appeals holding, among other things, that the brewery’s First Amendment right to use the label image of its choosing could not be infringed by the SLA on the tenuous assumption that the image would appeal to younger people.
Daniel Shelton of Shelton Brothers commented: “It’s very strange that New York, a state that we think of as more progressive, is the only state among the 45 states or so in which we sell beer to ban these labels on this dubious ‘underage drinking’ rationale. Santa Claus, elves, and red-nosed reindeer may have persuasive influence on the four-to-six age group, but we think it’s safe to assume that tots are not interested in alcoholic drink, and wouldn’t have any chance at all of buying any even if they were interested. For the late-teens who are really at risk for underage drinking, these symbols of the Christmas season are not cool in the least. On the contrary.”
Vehemently rejecting any suggestion that his company is marketing its wares to children, Shelton continued: “We don’t have any market among underage drinkers, and we certainly don’t want one. These labels were always intended to appeal to adults, not kids, and they have in fact been wildly popular with the over-21 crowd that has the money to afford them. They usually run to about five or six bucks a bottle, after all. We are by no means insensitive to the problem of teen drinking, and we applaud the SLA’s focus on the issue. We just don’t think that the issue has anything to do with this case.
http://www.sheltonbrothers.com/news/more.php?id=28_0_2_0_C