Is Spiked Seltzer "beer"?

[GHBWNY]

From Observer Style and Design, by Marissa Mule:

"While Spiked Seltzer is considered a beer because of it’s bubbly, 6% alcohol content, and fermentation process, it doesn’t contain any typical beer contents. What can be better then only 5 grams of carbs per bottle? I’ll answer that for you: nothing."

I had the Valencia Orange Spiked Seltzer this weekend, and I can tell you for a fact that in no way whatsoever did it resemble beer as I know beer. Yes, it's "bubbly". And yes, it has alcohol in it. And yes, it is derived by fermentation. So, even though it contains no barley malt and no hops, is it beer? The label says:

Ingredients: Purified Water, Alcohol From Cold-Brewed Sugar, Crystalline Fructose, Natural Fruit Flavor, Sodium Citrate, Citric Acid

 

[passedpawn]

Not beer. Beer uses barley.

 

[GHBWNY]

Not beer. Beer uses barley.

Of course. It's just that I was amused that the author considered Spiked Seltzer "beer" simply because it was "bubbly" and contained alcohol due to fermentation. Alas, another knock-off alcoholic product for those who don't have a clue what they are drinking or could care less that they don't.

Now back to our regularly scheduled program...

 

[JimRausch]

Anyone remember Zima? That c**p sank like a stone, and this one will too.
Although I heard the other day on the radio that people are willing to pay big$$ for unopened bottles of Zima as collectable items.

 

[daveMN]

Soooo, soda water, vodka, and orange flavor? Isn't that a watered down, rail vodka screwdriver? Yuk.

 

[Qhrumphf]

I wonder if that wouldn't be some archaic legal definition (like how in some states any beer above a certain fairly standard ABV is automatically "malt liquor" legally). Legal definitions and actual real world definitions don't necessarily have to coincide.

I've always wondered about those things like Zima that are labeled as "malt beverage".

At some point (probably later this year), I'm gonna grab a bunch of those "brewer's crystals" (aka the predominantly-maltose sugar blend that approximates the composition of beer wort without the color or taste of actual grains), zest some lemon and lime, and probably ferment it like a lager, and see what happens.

 

[55x11]

"...What can be better then only 5 grams of carbs per bottle? I’ll answer that for you: nothing."

It still contains calories (most of which come from alcohol in most alcoholic drinks, not from unfermentables).

And Michelob Ultra is 2.5g of carbs per bottle.

http://www.realbeer.com/edu/health/calories2.php

 

[NatureOfTheYeast]

Actually, the TTB considers these "alcopop" beverages as "beer", whereas actual beer is "malt beverage". Some states require "ale" or "lager" depending on the ABV and other weird designations.

Source - https://www.ttb.gov/rulings/2008-3.pdf
Bottom of page -3-, “Beer” versus “Malt Beverage”

Alcohol From Cold-Brewed Sugar

I'll only buy it if the cold brewed sugar was brewed the hard way. Murica.
:smack:

 

[GHBWNY]

Soooo, soda water, vodka, and orange flavor? Isn't that a watered down, rail vodka screwdriver? Yuk.

Basically, and certainly not worthy of being categorized as something "brewed". The last time I checked, vodka is distilled.

 

[Qhrumphf]

Laws are dumb. At least when it comes to some of the alcoholic beverage industry regulations.

The answer to the OP's question, at least based on the TTB ruling linked above, is that yes, this beverage would legally be "beer".

Of course, I don't think that's the article author's intent (accidentally correct). Searched the article, and she clearly seems to have no idea what she's talking about.

 

[madscientist451]

From Observer Style and Design, by Marissa Mule:

"While Spiked Seltzer is considered a beer because of it’s bubbly, 6% alcohol content, and fermentation process, it doesn’t contain any typical beer contents. What can be better then only 5 grams of carbs per bottle? I’ll answer that for you: nothing."

I had the Valencia Orange Spiked Seltzer this weekend, and I can tell you for a fact that in no way whatsoever did it resemble beer as I know beer. Yes, it's "bubbly". And yes, it has alcohol in it. And yes, it is derived by fermentation. So, even though it contains no barley malt and no hops, is it beer? Acid

Yes it is, at least according the Federal Definition:

Section 5052(a) of the IRC (26 U.S.C. 5052(a)) defines the term “beer,” for
purposes of Chapter 51, as “beer, ale, porter, stout, and other similar fermented
beverages (including saké or similar products) of any name or description containing
one-half of 1 percent or more of alcohol by volume, brewed or produced from malt,
wholly or in part, or from any substitute therefor.” Essentially the same definition
appears in the TTB regulations at 27 CFR 25.11. In addition, with reference to what
may be a substitute for malt, § 25.15(a) of the TTB regulations (27 CFR 25.15(a)) states
that “[o]nly rice, grain of any kind, bran, glucose, sugar, and molasses are substitutes
for malt.”

 

[GHBWNY]

Yes it is, at least according the Federal Definition: In addition, with reference to what may be a substitute for malt, § 25.15(a) of the TTB regulations (27 CFR 25.15(a) states that “[o]nly rice, grain of any kind, bran, glucose, sugar, and molasses are substitutes
for malt.”

Obviously, these regs have been created in accordance with pressure from beverage companies to profit from the term "beer". IMHO, malt is the heart of beer; ergo, any "substitute for malt" = substitute for beer.

 

[madscientist451]

Obviously, these regs have been created in accordance with pressure from beverage companies to profit from the term "beer". IMHO, malt is the heart of beer; ergo, any "substitute for malt" = substitute for beer.

I'm not sure the legal definition of beer has anything to do with pressure from anyone, I think its a desire to categorize beverages for tax purposes.
Too bad our founding fathers didn't put the making and selling of alcohol in the Bill of Rights. I'm sure they never imagined the regulation and taxes we now have on a beverage they considered essential.

 

[Laughing_Gnome_Invisible]

This beverage is as much beer as it is champagne. It ticks (and fails to tick) all the right boxes.

Try to call that stuff champagne in print, and the French would find a legal way to guillotine the publishers of said nonsense.

 

[GHBWNY]

I'm not sure the legal definition of beer has anything to do with pressure from anyone, I think its a desire to categorize beverages for tax purposes.
Too bad our founding fathers didn't put the making and selling of alcohol in the Bill of Rights. I'm sure they never imagined the regulation and taxes we now have on a beverage they considered essential.

I think in a broad sense we are saying the same thing:
the definition of beer has become such as to make it possible for 'someone' to make as much money off it as possible at the expense of pushing it beyond its intended definition.

 

[Gnomebrewer]

It's not beer in Australia. Beer must be predominately from the fermentation of cereals (can contain up to 0.5%ABV malt spirit and up to 0.5%ABV other alcohol source). Also must have at least 4IBU's.

Also, what sort of publication was this? How does 'then' instead of 'than' get through an editing department......

 

[Qhrumphf]

It's not beer in Australia. Beer must be predominately from the fermentation of cereals (can contain up to 0.5%ABV malt spirit and up to 0.5%ABV other alcohol source). Also must have at least 4IBU's.

Also, what sort of publication was this? How does 'then' instead of 'than' get through an editing department......

Does that mean Belgians aren't beer in Australia? I'd wager money that Duvel or Westmalle Tripel have well more than 0.5% ABV derived from sugar.

 

[Gnomebrewer]

Does that mean Belgians aren't beer in Australia? I'd wager money that Duvel or Westmalle Tripel have well more than 0.5% ABV derived from sugar.

The wording's a bit ambiguous
https://www.ato.gov.au/Business/Excise-and-excise-equivalent-goods/Alcohol-excise/Beer/
but it must allow sugar for some of the alcohol, because cheap, crappy Aussie lager is known to use up to 30% plain old white sugar. It does say 'predominately from malted or unmalted cereals' though, so something with 50% or more sugar would presumably be out. The tax on a single 375mL 6% beer in Australia is a bit over $1; the tax on something classed as not beer/wine/cider/spirit is about $1.50 for the same bottle/alcohol, so I suspect spiked selzer will find it hard to compete here (the tax on wine and cider is MUCH lower and based on value of the product, not the alcohol).

 

[GHBWNY]

Also, what sort of publication was this? How does 'then' instead of 'than' get through an editing department......

The publication in which the review of Spiked Seltzer by Marissa Mule appeared is New York Observer. This is how they describe themselves:

Observer offers a sophisticated readership of metropolitan professionals an original take on the latest in news, culture, politics and luxury, bringing its irreverent sensibility to a national audience.

I also caught the 'then/than' misuse. Apparently, their "sophisticated" standards allows that.

Here's is the complete article:

When Boathouse Beverage’s founder Nick Sheilds was determined to find an alcoholic beverage that wouldn’t pack on the pounds, and ease the weight of a hangover, he came face to face with creating a low-carb, low-calorie, gluten-free beer. On a mission to make alcoholic beverages the “next big thing,” Sheilds has one request: to push a product that’s genuinely “clean, and light, and as low-carb as possible.”

As an alternate to the bloating feeling of a regular beer, Sheilds’ Spiked Seltzer eliminates the wheat filled carbonation in that of a normal light beer. And while Sheilds handles the creative aspect in carefully and precisely selecting the sugars that go into Spiked Seltzer, co – founder Dave Holmes takes on the business side of things in packaging and product managing.

Brewed in Westport, Connecticut from pure Adirondack water and natural citrus flavors, Spiked Seltzer’s twelve-ounce bottles come in three quirky flavors named after their origin: Indian River Grapefruit, Valencia Orange, and West Indies Lime. Each flavor literally tastes as if you’ve just bitten into a piece of ripened fruit.

Under each bottle cap is quote based on positivity – ones in which customers can submit on their own at spikedseltzer.com. While Spiked Seltzer is considered a beer because of it’s bubbly, 6% alcohol content, and fermentation process, it doesn’t contain any typical beer contents. What can be better then only 5 grams of carbs per bottle? I’ll answer that for you: nothing.

Perfect for a “spikey” hot summer day, while relaxing on the beach or having a picnic, Spiked Seltzer is currently available in the Hamptons, Montauk, Westchester and Boston, and soon to be hitting New York City with it’s cheery, refreshing, guilt-free taste.


You may also note that the name of founder of Boathouse Beverages, Nick Shields was also spelled wrong in the article.

 

[Gnomebrewer]

Also alternate/alternative.