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Is this false advertising?

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  • 21-11-2015 4:43am
    #1
    dubscottie
    Closed Accounts Posts: 854 ✭✭✭


    A "craft whiskey" company sells a 13 year old whiskey. "hand crafted by them".

    But they have only been in business for 4 years.. (2011) so its obvious that they have bought in the spirit.

    Its false claims. But is it against any laws?


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    #2
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    It is probably a whiskey blend. They can take a 13 year old and then blend it with other whiskeys and then say they hand crafted it.


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    #3
    dubscottie
    Closed Accounts Posts: 854 ✭✭✭dubscottie


    salamanca22 wrote: »
    It is probably a whiskey blend. They can take a 13 year old and then blend it with other whiskeys and then say they hand crafted it.

    But they claim it was "made" by them in the distillery (looks more like a marketing company) they founded... When they did not. Has to be illegal.

    Trade descriptions??


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    #4
    Jawgap
    Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    No.

    Essentially, aside from specific requirements that apply to spirits, labelling should not mislead the consumer to a material degree.

    'Hand crafted' is a bit of a bulls1t term, but not misleading. What would be misleading would be if the whiskey was less than 13 years old or the spirit was sourced / manufactured outside Ireland.


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    #5
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    dubscottie wrote: »
    But they claim it was "made" by them in the distillery (looks more like a marketing company) they founded... When they did not. Has to be illegal.

    Trade descriptions??

    If it is a blend then they are making the final product. Think of it as a baker mixing ingredients to get the final product, they made that loaf of bread.

    A lot of whiskeys out there are blends. Jameson is also a blended whiskey.

    Midleton very rare is also another blended whiskey. They take the ingredients and create the final product.

    Edit to add: I feel that there is very strict laws around selling alcohol in Ireland, especially spirits over a certain percentage of alcohol. I also feel it is a very expensive feat to be allowed to sell your own brand of alcohol. Also, I am under the impression that all alcohols are to be tested for abv and such in order to be able to determine the tax that is due and if it is safe for consumption. Would this company have gone through all this?


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    #6
    L1011
    Registered Users Posts: 69,038 ✭✭✭✭L1011


    dubscottie wrote: »
    But they claim it was "made" by them in the distillery (looks more like a marketing company) they founded... When they did not. Has to be illegal.

    Trade descriptions??

    If its a blended product and they did the blending, they "made" it enough

    If its a single malt|potstill|grain, yes, they're lying.

    In the case of the Teeling product, their Dad owned the company that made it when it was made and I believe they worked there, which would get in to seriously confusing levels.


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    #7
    rubadub
    Registered Users Posts: 32,382 ✭✭✭✭rubadub


    L1011 wrote: »
    If its a single malt|potstill|grain, yes, they're lying..
    I would guess this is it. It only shows the front of the label which has no claim that they made it

    http://www.celticwhiskeyshop.com/glendalough-13-year-old-single-malt-


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    #8
    Victor
    Registered Users Posts: 78,438 ✭✭✭✭Victor


    dubscottie wrote: »
    A "craft whiskey" company sells a 13 year old whiskey. "hand crafted by them".

    I get the impression that a certain level of protection has been given to such terms. I think McDonalds got slapped for claiming one of their burgers was a 'craft' burger.


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    #9
    rubadub
    Registered Users Posts: 32,382 ✭✭✭✭rubadub


    McDonalds claimed it was artisan, which has a set of rules.

    This year definitions were given for poitin, Irish cream (liquer) and irish whiskey.

    I have never heard of anything for "craft whiskey" in law here.

    http://www.boards.ie/vbulletin/showthread.php?t=2057468674


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    #10
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    It's all to do with the final process. Several coffees have the love Irish food label which took over from guaranteed Irish. We don't grow coffee here but do grind and blend it which is why it qualifies.


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    #11
    Jawgap
    Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    Victor wrote: »
    I get the impression that a certain level of protection has been given to such terms. I think McDonalds got slapped for claiming one of their burgers was a 'craft' burger.
    rubadub wrote: »
    McDonalds claimed it was artisan, which has a set of rules.

    This year definitions were given for poitin, Irish cream (liquer) and irish whiskey.

    I have never heard of anything for "craft whiskey" in law here.

    http://www.boards.ie/vbulletin/showthread.php?t=2057468674

    'craft' 'artisan' etc have no standing in law. The FSAI did bring in guidance but it's not mandatory. McD's backed away because they realised it was attracting bad PR.

    'organic' is the only term backed by force of law - to use it you must carry a positive organic certification.


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    #12
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Many of the new makers of whiskeys and other spirits have been producing stocks of their products for a number of years before they actually set up the companies or started selling for the retail market.


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    #13
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    dubscottie wrote: »
    A "craft whiskey" company sells a 13 year old whiskey. "hand crafted by them".

    But they have only been in business for 4 years.. (2011) so its obvious that they have bought in the spirit.

    Its false claims. But is it against any laws?

    Hand crafted by who?

    Perhaps Mr. Director has been making Whiskey for 50 years and decided to set up a limited company 4 years ago? Perhaps He's had a string of ltds going back years.


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