Alcopops

| Mon Mar. 16, 2009 7:50 AM PDT
Last year California decided to raise taxes on "alcopops," sweet alcoholic drinks that are largely designed to appeal to teenagers.  But guess what?  No new taxes have flowed into state coffers:

Beverage makers admit they aren't paying the new taxes. They say they don't have to because they have reformulated the drinks — more than 6,000 varieties — to transform them into simple beers by limiting the amount of distilled spirits they contain.

They won't explain how. The formulas, they say, are trade secrets. And beverage-industry officials and federal regulators say there are no tests to determine how much distilled spirits the drinks contain.

....Board member Bill Leonard, who voted against the initial tax hike, said that although he is curious about how the industry managed to change thousands of drink formulas in a year, "it is probably impossible for us to ever figure out whether the formula is what they say it is."

I have to admit that my first reaction when I read this story was to laugh.  I know, I know: that's totally inappropriate.  It's a serious issue.  Etc.  But the brazenness on display here is really something, isn't it?  If the alcopop business ever fizzles out, maybe industry executives can all find jobs at AIG instead.

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Comments

This reminds of Japan, which

This reminds of Japan, which has a very complicated tax governing alchohol. Beer, which is defined according to malt content, was taxed at a relatively high rate. Brewers eventually developed low-malt products that were not legally defined as beer, so they were taxed at a lower rate. Taxes were eventually raised on those products, so brewers developed no-malt "beer", which taxed an even lower rate. It tastes like shit, but doesn't cost that much. I don't blame the executives at all, their behavior is rational and in the interest of the consumer. Just tax the alchohol content. It's simple.

How they do it

Yea, to determine how much alcohol is in a beverage (with the help of ADH) is so tricky that we got to practice it in biochemistry basics. If Mr Leonard is really so curious as to how "the industry managed to change thousands of drink formulas in a year", I'd venture a guess: There is a procedure called dilution. Can take on the shape of an endless series of variations, all of them are top secret.

Better yet, tax beverages

Better yet, tax beverages according to both sugar and alchohol content, no loopholes. That way these sweet alcopops targeted at kids get hit twice.

Unhopped beer

Unhopped beer is pretty bland, so it's quite plausible that they are using it as a base. And there are yeast strains that can push the unaltered ABV above 12%. As a society we don't really educate our kids about alcoholic beverages from a gastronomic perspective. So it's no surprise the alcopop sluge appeals to them (especially women - a lot of guys seem to think choking down bad beer is manly).

PeakVT has it right

The question isn't how much alcohol is in the drinks, it's how much "distilled spirits" are in them. Thus, as PeakVT points out, they can keep the alcohol content just as high by raising the ABV of the initial malt beverage and adding less distilled spirits. Likewise, there are plenty of tests to detect how much "alcohol" is in a liquid. What is probably not possible or easy to test is whether that alcohol came from the initial malt fermentation or whether it came from the spirits produced by a distillation process. Then there's one other question. Depending on the way the tax law is written, they may be adding a smaller proportion of a higher-proof distilled spirit, and separately adding more water to dilute. If the restriction is based upon the quantity of spirit added and not its alcohol content, it could be easy to get around this with nearly no reformulation of recipe.

That is hilarious. Which is

That is hilarious. Which is funnier...(a) they magically reformulated everything, or (b) there is no test to determine how much alcohol is in them?

add water

They probably weren't too far above the cut-off for beer vs. spirits categorization, so they, you know, added water.

The bigger take away from

The bigger take away from this story is it just shows that governments who wish to change behavior MUST become more totalitarian. In order to get money from the beverage people they must either keep creating new laws to plug loopholes, or take away the right of the manufacturers to have any secret recipes. Either way increases the reach of the public sphere into the lives of private individuals. This is why the government should only be used as a last resort to create the world that we want. It is why socialized medicine, socialized housing, etc... any project aimed at making things fair by the power of the state, must carry with it more government intervention. i am in no way a libertarian and surely recognize that there are valid parts of modern society which are at their best when run by the public sector ( roads, defense, border enforcement to name a few ), but I think some on this site never quite understand that government service necessarily implies less freedom. Its okay if you really think that the sacrifice of freedom is worth the gain from government control, but please understand the trade offs.

"sweet alcoholic drinks that

"sweet alcoholic drinks that are largely designed to appeal to teenagers" Is that true? I think of teenagers as drinking the same stuff that college kids drink -- beer, vodka + fruit juice, etc. I thought the "alcopops" were designed to appeal to women of any age (and, incidentally, guys like me who happen to think they're delicious). If they show up at high school/college parties it's because the hosts are trying to attract girls, not teenagers. >>The sugary beverages had long been taxed as flavored beers. But state authorities reclassified them as liquor, raising the levies on a six-pack by a factor of 16 to match the rate consumers pay on vodka, rum and other distilled spirits. Incidentally, aren't these drinks *actually* flavored beers? Like, in a literal sense, that's what it means to be a "flavored malt beverage"? I guess the legislature can reclassify flavored beers as not flavored beers for tax purposes, but it would seem to make sense just to raise the taxes on flavored beers. Or, my preferred solution, not raise the taxes one specific class of beverage at all....

JH, I love freedom as much

JH, I love freedom as much as the next guy, but if in exchange for a slight decrease in the booze vendors' freedom we can have a lower number of teenagers slaughtering and maiming themselves (and others) on the highways every year, it just might be worth it.

Raising the tax on Mike's

Raising the tax on Mike's Hard Lemonade and Smirnoff Ice won't stop teenagers from drinking. What it will do is get them to pay more for their drinks (not much more, since they're likely already paying a premium to have someone over 21 buy it for them), or get them to switch to something else (like making their own "hard lemonade" out of vodka and lemonade). If you want to reduce teenagers "slaughtering and maiming themselves", you need to teach responsible drinking, not just raise the price of alcohol. And the way to do that is *not* to treat alcohol as a mystical forbidden fruit that's restricted to adults (and thus a way for teenagers to feel more adult if they can gain access to it).

Yeah, Right

So you are telling me that we can remotely analyze the make up of dust gathered on Mars, but California cannot find a test to figure what is in a Smirnoff Strawberry Cruiser? Right.

Really, there was distilled alcohol in there?

Huh, I was under the impression that these were all "malt beverages" (i.e., based on near-flavorless fermented beer-like stuff) all along, with just the names of the spirits attached for marketing. Was there really a change?

As a bourbon-drinking woman

I'm insulted by the idea that women in general like these things. I would hazard that the real market for these is "people with terrible palates," "adults who still eat CocoPuffs," and "people who like American cheese."

I agree entirely, however...

These are marketed toward the female population of idiots with no taste, as the men are consumed by their love of natural ice and generally enjoy making fun of men who drink "girl drinks" like lemonades and coolers. Sadly for me, Belgian double ales are "girl drinks" even though they are usually almost twice as strong as Coors Light. Oh well, 'tis why I drink at home instead of around idiots.

Actually, the reformulation

Actually, the reformulation was probably pretty trivial. Most of the alcohol already was coming from malt. However some of the alcohol was added as part of the flavoring. Like how you can get drunk off of vanilla if you want, because they use alcohol to extract the flavor. The new law considered everything that got more than 0.5% alcohol from such flavorings as distilled spirits. This didn't just (fail to) affect the big breweries. You know that brewpub down the street that aged some of its beer in old bourbon barrels? Sorry, that's liquor now. Think of the children!

So that's why they don't ever carry the same...

I was wondering why all the labels changed quickly, without any net change in the names or advertisements. I'd look for one I liked, and a few months later it was gone. Really damn annoying, it is. Just tax the damn stuff the same across the board. If it's a drink, it's a drink. If it's in an n-ounce bottle or can, it gets the deposit. I rather prefer the ones without the malted content, but that explains why I can't get the liquor-and-juice mixes anymore.

Anonymous bourbon-drinking

Anonymous bourbon-drinking woman: Where were you thirty years ago, when I needed you? Too late, now. I expended my liver for the love of a scotch-swilling tramp.

let me take a stab at this

to raise the alcohol level in the base malt beverage you need to start with a higher specific gravity (more sugar). Never heard the one about different yeast. Here in Ohio you can buy low proof spirits from the grocery store. To get the higher proof you need to go to the liquor store. The flavoring in spirits comes frome what it's made from and what it's aged in so a lower proof spirit has basically the same flavor as a higher proof spirit. So I would think that to bypass the taxes you would increase the fermented alcohol in the malt beverage and use a low proof spirit. The alcohol in spirits is exactly the same as the alcohol in the malt beverage. You can tell how much alcohol is in the drink using an hydrometer, you just couldn't tell if it was from the spirits or from the malt beverage. Something tells me that this re-formulation is just something that the beverage companies are telling the tax man and daring him to prove the're wrong

Anonymous bourbon-drinking woman

What's wrong with American cheese? Just as bourbon is a very nice American whiskey, there are some fine cheddars out there, every bit as good as their English cousins, or even better. Perhaps you're referring to "processed American cheese food"? Even that has its place in mac 'n' cheese -- you can make yours with cheddar and parmasiana reggiano, or you can use velveeta. But I wouldn't recommend matching your small batch bourbon with velveeta on ritz crackers.

English Cheese?

ABDW: "there are some fine cheddars out there, every bit as good as their English cousins, or even better." Bad comparison. England isn't exactly a country renowned for its cheese. That's like saying American coffee is as good as English coffee. Seriously, there is some very good American cheese available now. (Just two words: Humboldt Fog.) That processed stuff has its place in cooking, I guess, but please don't call it cheese.

The most mind-boggling thing

The most mind-boggling thing in the entire piece is that there are "more than 6,000 varieties" of these beverages. Does the world really need that many? Barf.

Special yeast

You can actually brew up to about 16% -- Japanese sake, which is a brewed beverage, reaches that level. That's 32 proof if it were spirits. Above that point yeast dies in its own waste (i.e. ethanol).

"and what IS the most popular cheese 'round hyah?"

Re: "England isn't exactly a country renowned for its cheese." Customer: (pause) Aah, how about Cheddar? Owner: Well, we don't get much call for it around here, sir. Customer: Not much ca-- it's the single most popular cheese in the world!

Victoria Cochrane writes for

Victoria Cochrane writes for a digital marketing agency. This article has been commissioned by a client of said agency. This article is not designed to promote, but should be considered professional content.

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