A legal analysis of Maine's prohibition of beer ABV labeling

[Renoun]

There's an interesting analysis in The Volokh Conspiracy (a long-standing group of blogging lawyers with a libratarian bent recently affiliated with the Washington Post) titled Maine’s unwise and unconstitutional ban on disclosing the alcohol content of beers that might be of interest to HBT folks who don't normally read much legal analysis.

Not all beers are created equal. Some are much stronger than others. The proliferation of micro-breweries and craft beers has meant that consumers cannot know what they’re getting in a beer unless they check. The alcohol-by-volume content of some beers is more than double that found in a Budweiser — and can be three-to-four times that found in an Amstel Light. Thankfully, it’s increasingly common for bars to list the alcohol content of beers — unless they’re in Maine.

Maine has a decades-old law that prohibits advertising or otherwise promoting the alcohol content of beer. For a long time this law was unenforced. Yet as Jacob Sullum reports, the Maine Liquor and Lottery Commission is now enforcing the law and interpreting it to prohibit the disclosure of ABV-content on bar and restaurant menus. Sullum points to this story explaining that regulators fear disclosing the alcohol content of beers will encourage underage drinking and “overserving.” As you might expect, Maine’s brew pubs are not amused. Many consumers want information about the alcohol content in beers, often because they want to make sure they do not drink too much. Thus Maine’s policy could actually have the perverse effect of undermining public safety. A consumer who can safely handle two Bud Lights (4.2% ABV) might be in for a rude surprise after downing even a single bottle of Dogfish Head Brewery’s 120 Minute IPA (18-20% ABV).
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[sandyeggoxj]

Wow that is a really interesting concept. I hope that gets repealed. I would be happy to virtually sign a petition to get this repealed.

 

[Devilsnight]

I'm kind of pissed when there's no abv listed on a bottle. I think it should be standard practice to list it, just like the nutrition diagram on anything you eat. So you know whats in it. BUT, There would have to be a law made, and more laws are the last thing this country needs at this point

 

[Teromous]

Wow this seriously is messed up. It is pretty hazardous to not list ABV. It's less of a selling point than it is a caution sign.

 

[JonM]

That's a bass-ackwards regulation. The basis for it (discouraging underage drinking and overserving) is bulls**t. There's nothing wrong with allowing a consumer to be informed.

EDIT: I was in Maine last spring and went to the Great Lost Bear and also picked up lots of Allagash, etc. from the local grocery store. I could have sworn I saw ABVs listed.

 

[HopinJim]

If I read it correctly, this law only applies to beers served at brewpubs and restaurants. IOW, they can't list it on their tap lists or menus. I'm pretty sure that labeling on bottles, cans, etc. is required to state the ABV, along with the mandatory health warnings by the feds.

 

[pelipen]

Wouldn't they still be able to list OG if known, and that should at least give a ballpark idea. I see OG listed more and more frequently in my local brewpubs, along with IBU's, and ABV.

 

[beergolf]

If I read it correctly, this law only applies to beers served at brewpubs and restaurants. IOW, they can't list it on their tap lists or menus.

That just makes no sense. Think about it. if you are out a brewpub or restaurant and decide to have a beer or two, with the ABV listed you can make an informed decision on how much to drink. There is a huge difference between a 4.2% beer and a 10% beer. Two of the low ABV beers and you would be ok. Two of the 10% beers and you would definitely be impared.