Next level label deception – Old Fourth Distillery

A friend recently asked if I knew anything about Old Fourth Distillery out of Atlanta, specifically about a Bottled in Bond straight bourbon they had recently released.  I did not, so I googled their website and did a little reading. I also looked up their COLA label approval. The Bottled in Bond Act has some very specific requirements about labeling.  At first glance from what I read I thought surely they had distilled this bourbon, they fooled me. Their website proudly proclaims, “Atlanta’s Own Straight Bourbon Whiskey Aged 4 Years”.  The website says they knew they wanted to make whiskey when they opened in 2012, they barreled this bourbon in Jan. 2015, and it’s taken 4 years for the initial release. It’s very careful wording without ever saying distilled. The friend then sent me a blown-up picture of their label zooming in on some print hidden in some artwork that showed DSP-IN-15023.  Can you spot this in the picture below?

The “IN” portion indicated this bourbon was distilled in Indiana.  One would then assume the likely source would be MGPi, but their DSP is IN-15016.  Despite the dubious DSP number, I have confirmed this was distilled by MGPi.

I emailed one of their owners to express my concerns about the deceptive website information as well as to bring to their attention some specific sections in the TTB code they are violating.   It’s been a week with no response, so the blog is going up without comment from them.

They are in violation of 27 CFR 5.36 (d), which I have blogged or posted about many times.  If certain types of whiskies are distilled in 1 state but bottled in another, then the label must have a ‘Distilled in XYZ state’ statement.  In this case, they must say Distilled in IN on the label.

For Bottled in Bond spirits, the code says “27 CFR 5.42 (b) (3) – the label shall bear the real name of the distillery or the trade name under which the distillery produced and warehoused the spirits, and the plant (or registered distillery) number in which produced; and the plant number in which bottled. The label may also bear the name or trade name of the bottler.”  While they list an IN DSP number cleverly buried in the artwork, they don’t list MGPi by name nor do they list their DSP number on the label as required by this code.

It must take a lot of work to be this deceptive.  It would be so much easier to be upfront with customers about your process and sourcing.  Plenty of companies such as Smooth Ambler, High West, and others have found much success with the upfront disclosure business models.  In 2019, I’m surprised we still find those that like to engage in such deception. Shame, Shame, Shame.

Update – I emailed a preview of the above blog post and did receive a response from one of the owners.  He said “We are very sorry that you feel deceived by our product.  We openly tell our customers that we sourced the white whiskey from mgp and aged it 4 years in Georgia.”

Here is link to their website page on this bourbon; you can decide for yourself if they are being open that it is sourced whiskey.  https://o4d.com/bottled-in-bond/


Maker’s Mark answers label question

On the label of Maker’s Mark bourbon you will find “Maker’s Mark is America’s only handmade bourbon whisky – never mass produced”.   Looking through the COLA database, this statement goes back for at least 14 years.  I visited my local store and it was on every bottle I saw in both 750ml and 1.75liter.

Maker's Mary Never massed produced

I have visited close to 100 distilleries located all over the world.  Some have been very technologically advanced with computer screens and automation performing some of the work while others have been at the opposite end with every valve hand turned by a person.  I would say every distillery I have visited could make a valid claim of being handmade. At some point in the process hands are involved. For instance barrels are all rolled by hand. You will not find any definition of handmade in the TTB’s CFRs.  Maker’s Mark hand dips all of their bottles. So, I have no issue with Maker’s use of handmade on the label. They also claim never mass produced. Again, there is no legal definition for mass produced in the CFRs, so it is just a marketing statement.

What I found perplexing was their use of the word ‘only’.  With the boom of new craft distilleries in the US in the last 10 years certainly there are plenty of whisky distilleries operating on a smaller scale than Maker’s Mark with more hands-on involvement.  Frankly I was flabbergasted they would dare to make this statement.

When I started writing this blog post, the first thing I did was reach out Maker’s Mark to see if they would like to comment on this.  I received a response back the very next day. Here is the message:

“As the category has evolved, we have made updates to the label, including removing the word ‘only.’  Sometimes inventory takes a while to clear off the shelves, so it’s entirely possible that you’ve seen or even purchased bottles recently that still have this language (as noted in your picture). However, new bottles coming out of the Maker’s Mark Distillery today no longer include the word ‘only’.

I was expecting to post a hard take on this issue and see if it would convince them to change.  Looks like they outdid me; good for them for making this change. At least Bourbon geeks in the future will be able to quickly glance at a Maker’s Mark bottle and proclaim that’s a pre or post 2018 label change bottle.


Let me know in comments if you see a bottle with a label that reflects this new change.  Update – Confirmed sighting of new label as of November 2018.