Over the past twenty-five years, small, independent American distilleries have carved out a new niche in the United States liquor market: craft single malt whiskey. Inspired by the success of single malt Scotch and other single malts, American craft distillers are now fighting for their own shelf behind the bar and in the liquor store aisle. In 2018, a cadre of these distillers petitioned the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to formally recognize a new category of whiskey in the Code of Federal Regulations: American Single Malt Whiskey. For purposes of consumer protection, the Treasury Department historically has regulated the production and sales of whiskey in America. Whiskey distillation and bottling is a long and complicated process for distillers who do not take shortcuts. This Note will consider the proposal proffered by the American Single Malt Whiskey Commission. It will then suggest that the proposal is doctrinally sound, beneficial from a policy standpoint, and comports with existing regulations and precedent. Finally, this Note will conclude by speculating as to the likely success of the American Single Malt Whiskey proposal.
Raymond Cleaveland, The Spirit Is Willing: A Proposal for American Single Malt Whiskey, 44 SEATTLE U. L. REV. 531 (2021).
Administrative Law Commons, Agency Commons, Consumer Protection Law Commons, Food and Drug Law Commons, Jurisprudence Commons, Legal Biography Commons, Legal Education Commons, Legislation Commons, Other Law Commons, Taxation-Federal Commons, Taxation-State and Local Commons