Advertised age statements – Does the collar match the cuffs?

When is an age statement not an age statement?  In my previous blog post, https://tater-talk.com/2019/07/23/rums-misleading-age-statements-and-other-lies/, on misleading age statements in rum I listed 3 ways producers mislead consumers.    Today I’ll look at another common way spirit producers abuse age statement requirements. I’ve seen this method used by all types of spirits.

The TTB regulates alcohol beverage advertising.  Obviously, this includes rules on what can and can’t be stated on the product’s label.  This also extends to ads in newspapers, magazines, TV or radio broadcasts, internet based social media, as well as websites.

I’ve talked before about how some whiskey blog posts basically repack a brands PR on a new product as their new blog post.  Often these include an age reference, but the actual bottle is NAS – No age statement. I’ve always found this to be disingenuous; if the whiskey is “X” years old, then state it on the bottle.  This violates TTB code:

CFR 27 5.65 (b) (2) (c) Statement of age. The advertisement shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product.

Unless the bottle carries an appropriate statement of age, the producer can make no claims of age in the advertising.

Let’s look at some blatant examples of producers violating this.  


The new Buffalo Trace grain of the tater bottling, oops I mean the new Buffalo Trace E.H. Taylor, Jr. Amaranth Straight Bourbon whiskey in their PR states it is aged ‘over a decade’.  Yet the actual product released is NAS.

Flor de Cana states on their website their rum is 18 years old. The actual bottle has just a number which is not an age statement.

Here is Michter’s website saying this whiskey is a blend of 10 to over 30 year old whiskeys. The actual bottle has no age statement.

This is from the website for Straight Edge. This is a bourbon finished in XYZ cask, which makes it a class type 641 Distilled Spirits Specialty and by code not allowed to state an age statement.

Are these producers not aware of the US federal code?  Are they misleading consumers on purpose? Perhaps the first release is the PR advertised age statement, but future releases will be much younger?  I know I will trust for fact what is actually on the bottle and discount anything in advertising.  

Rum’s misleading age statements and other lies

There are many brands of rums who IMHO are guilty of misleading consumers about the ages of their rums.  This is done in 3 ways:


1.  Stating a number on the label without actually calling it an age statement.

2.  Using a solera system where only a small fraction of the rum matches the age statement.

3.  Complete fabrication.

An example of #1 is Flor de Caña.  They sell a range of aged rums which carry a number 7, 12, 18, or 25 on the label.  Next to that, instead of saying years old, they state ‘slow aged’, which means nothing as it has no legal definition so it is just a marketing gimmick.  They depend on retailers who will happily tell consumers in their advertisements and shelf tags that these products are actually ‘X’ years old. They even advertise that they are ‘Fair Trade Certified’, which as an organization just lost all credibility for me.  I sent Fair Trade an email with my concerns and am waiting to see if they respond.



Before I address #2, let’s look at the TTB rules on age statements for spirits.  From the TTB BAM Ch. 8 we find: “Age is the period during which, after distillation and before bottling, distilled spirits have been stored in oak containers”, “Age may be understated but may not be overstated”.  There are no exceptions for rum or for solera processes, which I’m convinced in Spanish means bullshit age statement. So unless every single drop of a rum in the bottle has been aged in oak containers for at least 23 years, then that producer can’t label their product with a 23 year age statement.  Zacapa 23 is not a 23 year old rum which consumers often mistake it as.

That brings this to example #3.  Without doing a compliance check by visiting each distillery it’s not possible for me to name brands.  I can do the math though. Rums aged in the tropics lose an incredible amount to angels share each year, from 7 to 12% a year.  Producers do consolidate barrels as they age which helps, but does not stop this process. Losing 10% the first year and 7% each year after, which is the low end,  the angel’s share is 60% after year 12. It’s an 82% loss by year 23. Start factoring in the time and expense of holding inventory for 23 years, the cost of exporting to the US, federal taxes, importation cost, the wholesaler’s and the retailer’s cut, it’s easy to see that when you see rums for sale for under $50 that boast age statements of over 20 years, alarm bells should be ringing.

The rum brands on my naughty list I will not buy include:

Antigua Porteno
Botran
Canasteros
Centenario
Dictador
Dos Ron
Flor de Caña
Kirk and Sweeny
Matusalem
Opthimus
Papa’s Pilar
Villa Rica
Vizcaya
Zacapa
Zafra

Now getting into the brands that add sugar or other sweeteners post distillation without disclosing such is a whole other issue for a future blog post.