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Who’s to decide what wine phrases are illegal?



I blogged the other day about a lawsuit brought by an L.A. guy against MillerCoors. He’s suing them because he found it “unsettling” to discover that they were really the producers of a beer he thought was a craft beer, Blue Moon.

Evidently, this topic—of when or whether a beer is an authentic craft beer as opposed to something else—has caused something of a brouhaha in the industry. This article, in Wine Industry Advisor, explains some of the complexities. Entitled “Craft: A term in controversy,” it points out the murkiness that a lack of definition of the word “craft” can cause.

I told a friend of mine, co-proprietor of a wine shop that also has a small but excellent selection of craft beers by the bottle, about the lawsuit, which she hadn’t heard of. I asked what she thought, and it was the same as I think: The L.A. guy is probably looking for some easy cash. Then she said, “If he wins, then half the wineries in the world will get sued.”

What did she mean? That wineries routinely use words and phrases that have no legal definition, but that have certain meanings or connotations in the consumer’s mind. “Reserve” is one such word. I wrote about numerous others several years ago in this blog post. At that time (2011), I suggested that the government should “clear up” these terms. But I’ve now changed my mind. As I’ve gotten older and, hopefully, wiser, I’ve become more concerned about the government getting its fingers into every aspect of our lives, so that now, I don’t think we need legal, binding decisions from On High on what things like “barrel select,” “Old Vines” or “Bottle Aged” mean. These are evocative terms that imply certain practices and conjure up pleasant visual images. That’s what marketers do, whether it’s with autos, high tech gizmos, perfumes, fashion or vacation spots, and if we forced every advertisement, commercial, brochure and packaging text to adhere to some strict, formal meaning of each and every word and phrase, we’d be even deeper into continuous litigation in America than we are today.

Besides, think how hard it would be to define these terms. Take “bottle aged.” Every bottle of wine sold anywhere has been aged in the bottle for some period of time, even if it’s just a few months. People may imagine dusty wine cellars where splendid old bottles lay sleeping until they’re nectar, but there’s nothing wrong with them having that mis-impression, especially if it adds to their pleasure when they actually drink the stuff. Do we really want or need to know that “bottle aged” means ten months, or fourteen months, or nineteen months? I mean, come on. Besides, if there was an overly-specific definition for “bottle aged,” wineries would just start using terms like “”aged in the bottle,” and then we’d have more regulations, more lawsuits and so on, ad infinitum. Ditto for “barrel select.” This, too, implies something very special about the wine, but in truth, most wine—whether sold in bottle, box or keg—has come out of a barrel. Can a stainless steel white wine be called “barrel select”? I wouldn’t go there, and I doubt if any winery would actually label a stainless steel wine “barrel select,” but if they did, I wouldn’t lose any sleep. (Besides, some investigative blogger would probably bust them for it.) And then there’s “old vines.” I, personally, think an “old vine” should be at least thirty years of age, but that’s just me. Besides, if a winery is really using ancient vines and is proud of them, they can always put that information on the back label. I’m a big fan of information on back labels—not ingredients, which I think can go on the winery’s website, but authentic, interesting information, like how old the vines are, what the varietal blend is, the vineyard’s elevation, amount of new oak, and so on.

This line of reasoning that I outlined above also touches on the nature of small wineries that claim to be, or are thought of as, “artisanal” versus larger wineries. I always said, as a wine critic who tasted many thousands of wines every year, that I didn’t care about the winery’s size. I cared about the wine: Was it good, savory, interesting, worth sipping and considering, or was it plonk? I always thought it was snobby to dismiss big wineries (whatever “big” means), and that it was disingenuous to celebrate small wineries (whatever “small” means) just because they were small. I had lots of wines from tiny little wineries that were awful, and lots of wines from “big” wineries that excited me. I still feel that way. We should experience things as they actually are, and not sweat the small stuff, like the way they describe themselves, or how many cases they produce. As for those fans of organic and biodynamic wines, I can’t tell you how many off-the-record stories I heard about bags of chemicals on the back loading dock of wineries that claimed not to use any. My advice: Don’t believe any hype. None of it. Taste the stuff, and if you like it, buy it, and tell the critics where to go.

When is a beer a “craft” beer, and when is it not?



I realize that there are at least two sides to every issue, especially in a courtroom, which is where the case of Parent v MillerCoors LLC has ended up.

At question: Should MillerCoors be allowed to call their Blue Moon beer “artfully crafted”?

The plaintiff in the case is Evan Parent, described on the California Superior Court brief as representing “himself, a class of persons similarly situated, and the general public.”

The defendant is, of course, MillerCoors, one of the world’s biggest beer companies.

Of Mr. Parent, we know little from the brief, except for a few facts: he lives in San Diego, where he “purchased Blue Moon beer”, which he “believed…was a microbrew or ‘craft’ beer.” Upon learning that Blue Moon was made by the same company that produces Coors Light and Miller High Life, Mr. Parent apparently was shocked enough to sue MillerCoors for misleading him.

A Google search reveals a little more about Plaintiff Parent. According to the New York Daily News, Parent says that, as “a craft brew fan,” he found it “upsetting” that MillerCoors would “deceiv[e] me into giving them my money for the wrong reasons.” The Daily News article added, “It’s unclear how much cash Parent is seeking with the legal action.”

Meanwhile, Men’s Journal reports on MillerCoors’ reaction to the lawsuit. The company issued a boilerplate statement affirming they are “tremendously proud of Blue Moon” and calling Parent’s lawsuit “without merit.”

Pretend we’re the jury; what are we to think? First, there is no legal definition of “craft beer.” Although a trade group, the Brewer’s Association, states that according to its vision a craft beer must be produced in quantities of less than six million barrels, which MillerCoors obviously exceeds, still Men’s Journal observes that the “federal government doesn’t technically have a definition for craft breweries…”. We therefore are in a murky, ill-defined legal space here, but it would not appear that MillerCoors has done anything technically in violation of any law.

Was there, then, an intent to deceive? Clearly yes. MillerCoors is taking advantage of the huge, positive image of “craft beer” in the U.S. by use of the term “artfully crafted.” But if MillerCoors is guilty of intent to deceive, then so are almost all of the products and services that advertise themselves on broadcast and in print media. That’s what advertising and its phrases and images are carefully designed to do: make consumers think, usually through association, of the product in the most appealing way possible. (Just to use a typical example, if you wear a Playtex brassiere, does this really help you achieve a more “active lifestyle”?)

The answer, I think, is not for consumers to file lawsuits alleging deception, nor is it for the courts to become involved in such frivolity. It comes down to the most fundamental consumer advice: caveat emptor. “Let the buyer beware.” This has been a linchpin of American jurisprudence since 1817, when the U.S. Supreme Court, in the Laidlaw v. Organ case, unanimously ruled that an individual possessing information that may cause another person to misapprehend something “[is] not bound to communicate it.” That opinion, by the way, was written by Chief Justice John Marshall, one of the architects of our legal system.

Look, there’s no substitute for being an intelligent consumer. If I’m buying a box of cereal in the supermarket and the cover is full of colorful slogans touting the product’s “natural” ingredients, I don’t believe it automatically: I check out the nutritional labeling. If I see the word “artisanal” or “handmade” on a wine label, it means utterly nothing to me, because there’s no legal definition for either term. Nor do I think the government should micro-manage every conceivable word and phrase that could possibly be used in marketing. We don’t want to go down that road because the only ones who would benefit are the lawyers. As for consumers who are “upset” to learn something about a product, I say Life sometimes contains upsetting things. As long as the product or service you’re buying isn’t actually harming you through some intentional sin of commission or omission—such as poisoning your body or giving you bad advice–it’s your obligation to understand what you’re buying, not theirs to make sure you do.

Hey elites: Ordinary people love California wine!



With the bashing that California wine sometimes gets from the old boy’s club (AKA the cool kid’s club), it comes as a refreshing reminder to learn that “beyond the beltway” of snobbery and exclusivity, ordinary people love our wines.

Up in Canada, the Ottawa Citizen yesterday reported on the upcoming “California Wine Fair” to be held this Friday. Ottawa is, of course, still gripped in winter: as I write these words, the temperature there is 32 degrees. That’s why the article’s headline is “Dreaming of California Wines,” and the lead sentence refers to our state’s balmy weather: “Just when we need it most,” it says, “A taste of sunshine and warm breezes—California wine is coming to Ottawa.”

This is the thing we mustn’t ever forget about California wine: People love it. They love it the same way they love California itself. For most people all over the world, California is a magical place, of sunny beaches and swaying palm trees, of jasmine-scented evenings and year-round backyard barbecues, of beautiful people and gracious living. Granted, those of us who actually live here know that it’s not always that way. But it is enough of the time. California really is “the golden dream at the edge of the world.”

Our wines reflect that notion. They’re rich, sumptuous and bold, reflecting a place and a people that are distinctly Californian. I know this, and it’s why I grow impatient with the accusations (which actually seem to be diminishing) that California wine is not delicate enough for some people. That may be so; but ordinary people everywhere love our wines. This may be part and parcel of the eternal struggle between the masses and the elite, a struggle you find reflected in every aspect of life and culture. But even if you consider yourself among the elite, you should remind yourself of certain verities.

Among them: As the Ottawa Citizen says, “California wines…strike a chord with many people. [They] consistently demonstrate a pleasant and appealing flavour profile…California vintners have learned from the traditions and history of others and have innovated and put their own spin on techniques and practices.”

That’s how the non-elite see things: not in terms of alcohol level, but in terms of how much pleasure they get from sipping our wines. To be truthful, if California wine can only appeal to one group—the elite, or the masses of everyday consumers—I’d much rather it be the latter. That’s the California way: open, free, egalitarian, meritocratic. We’re the State that developed the ballot initiative by which the people get to vote directly on important issues, instead of leaving them to the “experts” who, occasionally, may find their judgment clouded. I’m proud to be a Californian (by way of New York City and the Berkshires of Western Massachusetts), and I’m proud of California wine!

Wine critics vs. sommeliers, Round 428. Ding!



With all due respect to Robert Sinskey, whose wines I always admired, I think he struck the wrong tone in his recent opinion piece, which was published in Eater.

His basic premise—that the era of the mega-critic is over, along with the 100-point rating system—is widely held, and certainly worth a conversation. And we have been talking about it, for many years, without any particular resolution or consensus, I might add. So there’s nothing wrong with Robert having an opinion on that matter. About a year ago, I wrote a post I called “Goodbye to the era of the Big Critic,”  after having been one myself. I said, I for one will not regret the passing of the torch,” although I added this caveat: If the Big Critic is gone (or going) then of course we are now entering the era of the Small Critic. When anyone can be a critic then everyone can be a critic: the ultimate democratization of wine criticism results in claims like this:

New app can turn even the most clueless of wine drinkers into an instant connoisseur.

And, of course, if you’ve been following my blog for any amount of time, you know that I have some concerns about everybody going From clueless to connoisseur in an instant.”

Be that as it may, Robert is, as I wrote, perfectly entitled to his views. But here’s where his article turned me off: It’s too angry.

For one thing, Robert starts with the premise that wine critics are “arrogant”—his word. Why would he think that? The wine critics I’ve known are no more arrogant than the average person. Yes, a few have been real jerks—but they were widely perceived as such by winemakers and other writers, and were never welcomed into the wine community. But by far the majority of wine critics, including those who use the 100-point system, are fine, decent people. Robert’s assault on Robert Parker, in particular, sounds personal: he calls him “an ex-attorney” who had the nerve to “anoint himself the palate of America.” Well, Parker never anointed himself to any such thing. He was a creative, wine-loving entrepreneur who created a service that people valued, and he thrived accordingly. It wasn’t his fault he achieved so much power. So why the venom?

There’s more. When Robert writes of sommeliers that most “take their craft seriously,” that seems to imply that critics don’t. I can personally attest that they do! Then Robert unfavorably contrasts the critics who talk in “a singular voice” to sommeliers who “talk amongst each other…”. Well, as a wine consumer who can always use a little advice, I see no reason why I would trust, or gravitate towards, the recommendations of somms who “talk amongst themselves” over those of a wine critic, who presumably just mumbles to himself. I mean, what difference does it make who talks to whom? In the end, everybody’s recommendation—whether it’s a wine critic’s or a working sommelier’s—is just that person’s personal opinion.

As for Robert’s contention that sommeliers “challenge preconceived notions [and] kill sacred cows,” well, I never met a somm whose favorite red wine wasn’t Burgundy, and who didn’t rave about German Riesling. Talk about sacred cows!

Now, Robert is right on when he points out the positive aspects of the sommelier’s job, such as “ask[ing] questions to figure out what the customer likes and to suggest wines based on the food served.” That is indeed a very important role. But it is not the role of the wine critic. Apples and oranges. So it’s not fair to blame wine critics for not doing a job they’re not supposed to do anyway.

Anyway, having said all that, I love Robert’s use of the word “lumbersexual” to describe today’s “rock star” somms–although I do think mixologists are more lumbery lumbersexuals than somms.

Wine writing: imprecise, and art

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Yes, wine writing is “an imprecise art,” as the headline on Philip White’s opinion piece in the Adelaide (Australia) InDaily News says.

As someone who’s had lots of experience in wine writing (magazines, books, blogs), I’m the first to authenticate Philip’s viewpoint that writing about smells and flavours and the feelings they impart is as imprecise a sport as writing about music or fine art.

I like Philip’s take. He is, himself, a wine “communicator” (his word) who “pl[ies] the waters of simile and metaphor, hoping the beloved readers at least get a feeling.” To instill a feeling in readers: that is the highest goal to which a wine writer can aspire.

It’s not always easy. Critics of wine writing (and they are legion) point to the hyperbolic, obscure, over-blown rhetoric that does, indeed, characterize much of wine writing. Philip (quoting another writer writing about wine writing) assembled a list that could stand as the poster child for stretch: “nail polish remover, petrol, burning rubber, eucalyptus, wet wool, banana, shit and lead pencil.” Not that those aromas (including “shit”) aren’t present in some wines, but the average reader can be forgiven for scratching her head and wondering if she can just, please, go about the pleasure of drinking the stuff.

But there are many different forms of wine writing. When you’re reviewing dozens of wines on a daily basis, you’re forced into certain economies of scale. Woe be the writer who agonizes—Thesaurus by his side—about this or that descriptor. When deadlines are looming, sometimes you just go with “cherry-berry” and have done with it.

Still, I take Philip’s point that “the single most important thing about wine is the way it makes me feel.” I, myself, sometimes wrote about my feelings in wine reviews, but only for the best wines: they merited more words in the review than small peasant wines, and seemed to allow for some celebratory expressions of joy—at least, the extra word count afforded me that luxury. The small peasant wines, when they weren’t very good, also made me “feel” certain things—disappointment, disgust, impatience to get it over with, sometimes anger if the price was insane—but I was the sort of wine critic who hated to say terrible things about a wine I’d already given a low score. There are certain critics (I could name names, and so could you) who seem to take pleasure in kicking a wine when it’s down and bleeding in the gutter. Not me.

But surely Philip is onto something when he suggests that communicating “feeling” is important. I tried to do that in my books; long-form writing is a lot easier to convey emotions. I try to do it in this blog. But I’ve seen writers of the “feeling” school take things too far. Some of them reach for bizarre metaphors whose meanings, if you’re not familiar with them, will zoom right over your head. Some of them bring too much of themselves into their review. I read a review, after all, to learn about the wine, not about the writer’s personality. A little personality, fine, but—like salt in food—not too much. But then, good writing achieves precisely the correct balance of all its parts: objective information, subjective revelation of the writer’s soul, literary references and so on.

I love Philip’s quote from Leonard Cohen: “Each wine has a specific high, which is never mentioned [i.e. in most reviews].” If I correctly understand the great singer-songwriter (who in this instance was writing about Chateau Latour), he meant that the experience of drinking Latour resulted in a particular mindset that was somehow qualitatively different from drinking, say, Margaux. I reckon that could be true only if one knew one were drinking Latour, and if one had a specific love-attachment to Latour. Anytime you do anything with love it does result in “a specific high.” But lucky is the paid, professional wine writer who can truthfully say that he finds love in all his labors. Sometimes, writing is just writing, and to make it work for readers—to make them feel—is the result of effort and talent. It is artifice: not “artificial,” but something that looks and feels like feeling, even when it is not.

Diageo moving towards “content information” on wine labels



No one much noticed last Friday’s report in the Wall Street Journal that Diageo is going to start listing calorie counts “and other content information” on its spirits, including Johnnie Walker Scotch and Smirnoff vodka, “in what it said was a first for the industry.”

That nugget was buried on page B5 of the newspaper, on the same page as the weather. But it’s big news, with implications for the entire industry.

The article didn’t say anything about Diageo’s wine brands, which include Chalone, Sterling, Blossom Hill and Rosenblum. So I went to the company’s website and clicked on the “News & Media” link, which led to a March 19 press release from the company that strongly suggests that the disclosure will include wine. There is this phrase: Diageo believes that consumer information for alcohol is best provided per typical serve, so that consumers can understand the alcohol and nutrition content of serves of different drinks, which vary in size across beer, wine and spirits.” Moreover, at the bottom of the press release, in a “Notes to Editors,” as an “example,” the company showed a label of a Blossom Hill wine. The press release also hints that Diageo will go much further in their disclosures than simply listing the calorie content; they vowed also to reveal “nutrition information…,” although they didn’t say what specific nutrition information they will publish.

It’s unclear to me whether “nutrition information” is the same as “ingredient information,” although it wouldn’t seem so. The latter has been a contentious issue nipping at the edges of the wine industry for the last few years. Ridge Vineyards has already begun ingredient labeling, listing such things as calcium carbonate, SO2 and indigenous yeasts on the back label. Besides, as Harvey Steiman points out in Wine Spectator, ingredient labeling for wine is tricky. It’s complicated, a lot harder than ingredient labeling for, say, a can of soup. And there also are financial considerations for smaller wineries. Sometimes I think that this consumer demand to know about every micro-molecule that enters their bodies in every sort of food and drink borders on the obsessive.

Still, that’s politics. Diageo’s move is significant because, as one of the nation’s largest wine companies, they clearly believe they’re reading the handwriting on the wall, and want to get out in front of what may become a mandated trend. So be it; what will be, will be. Personally, I’m against ingredient labeling or content labeling on the actual wine bottle. That sort of thing could easily be done on a website. Everybody’s got a computer or smart device these days, so it would not be an imposition on consumers to click on a link or two. Wine labels are lovely works of art: producers go to great lengths to make them graphically appealing. To clutter them up with ingredients and nutritional data would be ugly.

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