News Updates - BourbonSphere

Glen Grant Unveils New 21-Year-Old Single Malt

March 26, 2023 – Glen Grant has introduced the oldest permanent addition to its range with a new 21-year-old single malt. The whisky was matured in a combination of Oloroso Sherry butts and hogsheads along with ex-Bourbon barrels, and is bottled at 46% ABV with no chill filtering. “The 18-year-old was our oldest one before, and it was mainly Bourbon wood which gives you much more floral notes to it,” said Master Distiller Dennis Malcolm. The 62-year veteran of the Scotch Whisky industry was on hand this week at an event in New York City to introduce the new whisky. Read More »

March 26, 2023 – Glen Grant has introduced the oldest permanent addition to its range with a new 21-year-old single malt. The whisky was matured in a combination of Oloroso Sherry butts and hogsheads along with ex-Bourbon barrels, and is bottled at 46% ABV with no chill filtering.

“The 18-year-old was our oldest one before, and it was mainly Bourbon wood which gives you much more floral notes to it,” said Master Distiller Dennis Malcolm. The 62-year veteran of the Scotch Whisky industry was on hand this week at an event in New York City to introduce the new whisky. “We’re using Oloroso Sherry butts, hoggies, and barrels married together, and it’s got these wonderful rich fruity notes to it,” he said.

The 21-year-old will be an annual release with a recommended retail price of $360 per bottle.

“It’s the gateway to many more expressions in the future, which we’ll be able to share with you as they’re being launched,” Malcolm teased. The entire interview with Dennis Malcolm can be heard on this week’s WhiskyCast podcast.

Other new whiskies announced this week:

Maker’s Mark has released the fifth and final expression in its Wood Finishing Series. BEP is a tribute to the distillery’s traditional 55% ABV (110 proof) barrel entry proof, and used ten virgin toasted American Oak finishing staves in the maturation process. It is available throughout the U.S. with a recommended retail price of $69.99 per bottle.

Ardbeg has unveiled this year’s limited edition release. BizarreBQ comes from three different types of barrels: Pedro Ximenez Sherry casks, double-charred oak, and a special extra-charred barbecue cask.

It will go on sale at the distillery and in Germany starting next Monday, and will be available worldwide later this year, likely around Islay Festival time at the beginning of June.

Scapa Distillery is opening a new tasting room next week, and is launching a new Distillery Reserve Collection edition…the Scapa 19-year-old Pedro Ximenez hogshead finish. It is available at the distillery and online to U-K residents only for 185 pounds a bottle…

Bruichladdich has released two new whiskies. The Port Charlotte Islay Barley 2014 uses barley grown on eight farms within 15 miles of the distillery, and is available in the U-S with a recommended retail price of 85 dollars a bottle…

The second release is more unusual…it’s Islay’s first rye whisky. Local farmer Andrew Jones started growing rye in 2017 as a cover crop in between his annual barley crops after Bruichladdich agreed to buy his entire rye crop for making whisky. It’s a single grain whisky dubbed “The Regeneration Project, and is available through the Bruichladdich web site for 125 pounds a bottle.

Finally, 2023 marks the 50th anniversary of Secretariat’s historic Triple Crown, and while Woodford Reserve’s annual Kentucky Derby bottle features a painting of Secretariat, the family who raised the horse is teaming up with another distillery.

The Chenery family is endorsing Ragged Branch Distillery’s Secretariat Reserve Bourbon. The Virginia distillery used corn grown on the farm where Secretariat was born to make the five year old Bottled in Bond whiskey.

It will go on sale April 22nd in Virginia state liquor stores and at the distillery, with limited availability in the Mid-Atlantic region and online.

Supreme Court to Rule on “Bad Spaniel’s” Trademark Lawsuit

March 22, 2023 – In a nearly 90-minute hearing punctuated with laughter, the United States Supreme Court heard oral arguments in a lawsuit over whether a “Bad Spaniel’s” dog toy violates the trademark protection Jack Daniel’s has for its whisky bottles. The lawsuit (Jack Daniel’s Properties, Inc v. VIP Products) filed by Jack Daniel’s owner Brown-Forman claims the dog toy creates consumer confusion, while the poop-themed toy’s maker argues it falls within legal exceptions for parodies. The Supreme Court agreed to take the case after VIP Products won an appeals court ruling when the court used a standard defining when Read More »

March 22, 2023 – In a nearly 90-minute hearing punctuated with laughter, the United States Supreme Court heard oral arguments in a lawsuit over whether a “Bad Spaniel’s” dog toy violates the trademark protection Jack Daniel’s has for its whisky bottles. The lawsuit (Jack Daniel’s Properties, Inc v. VIP Products) filed by Jack Daniel’s owner Brown-Forman claims the dog toy creates consumer confusion, while the poop-themed toy’s maker argues it falls within legal exceptions for parodies.

The Supreme Court agreed to take the case after VIP Products won an appeals court ruling when the court used a standard defining when a potential trademark infringement enjoys First Amendment protection. The court ruled that because the dog toy was a “non-commercial use” done with humorous intent for an “expressive purpose,” it is protected on free speech grounds.

During today’s hearing, Justice Elena Kagan appeared to have some issues understanding the parody involved in the “Bad Spaniel’s” dog toy in an exchange with VIP Products lawyer Bennett Cooper.

JUSTICE KAGAN: Well, what is there to it? What is the parody here?

MR. COOPER: The parody?

JUSTICE KAGAN: Yeah.

MR. COOPER: The parody is of —

JUSTICE KAGAN: Because maybe I just have no sense of humor, but — (Laughter) – what’s the parody?

MR. COOPER: The parody is multifold. The — the — the testimony indicates, and it’s not been disputed, that the parody is to make fun of marks that take themselves seriously.

JUSTICE KAGAN: Well, I mean, you say that, but you — you know, you make fun of a lot of marks: Doggie Walker, Dos Perros, Smella R Paw, Canine Cola, Mountain Drool. Are all of these companies taking themselves too seriously?

MR. COOPER: Yes. In fact, you don’t see a parody as — as a bourbon —

(Laughter.)

JUSTICE KAGAN: I mean, just like soft drinks and liquor —

MR. COOPER: And — and I would say all —

JUSTICE KAGAN: — companies take themselves too seriously as a class?

MR. COOPER: I think there are a lot of products that take them too seriously — seriously and merchandise. You don’t see, for example, something near and dear to my heart, a parody of Woodford Reserve bourbon because you don’t get that building up of an edifice of making them into an iconic — a cultural icon and reference point.

Listen to the Oral Arguments

The case could be a landmark one for trademark holders. Attorneys for Jack Daniel’s argued in a court filing that a ruling for VIP Products “gives copycats free license to prey on unsuspecting consumers and mark holders” by producing all forms of products under the argument that they qualify as parodies.

The Court is expected to rule on the case before the end of its term in June.

Chancellor Slams Whisky Industry With Tax Hike

March 15, 2023 – The Scotch Whisky Association’s pleas for a freeze on excise duty fell on deaf ears, as Chancellor Jeremy Hunt’s new budget calls for a 10.1% increase in duty on whisky and other distilled spirits. Hunt’s budget plans a tax increase in line with inflation effective August 1 for all four alcohol categories (distilled spirits, wine, beer, and cider), with relief being offered for on-draught products sold at bars and restaurants. According to the Scotch Whisky Association, the duty rate on spirits will rise to £31.64 per liter of pure alcohol, raising the tax burden on an Read More »

Chancellor of the Exchequer Jeremy Hunt with the “red box” containing his budget address to Parliament March 15, 2023. Image courtesy UK.gov.

March 15, 2023 – The Scotch Whisky Association’s pleas for a freeze on excise duty fell on deaf ears, as Chancellor Jeremy Hunt’s new budget calls for a 10.1% increase in duty on whisky and other distilled spirits. Hunt’s budget plans a tax increase in line with inflation effective August 1 for all four alcohol categories (distilled spirits, wine, beer, and cider), with relief being offered for on-draught products sold at bars and restaurants.

According to the Scotch Whisky Association, the duty rate on spirits will rise to £31.64 per liter of pure alcohol, raising the tax burden on an average bottle of whisky from 70% to 75%.

SWA Chief Executive Mark Kent blasted what he calls a historic blow to the industry.

“We have been clear with the UK Government that increasing duty would be the wrong decision at the wrong time, so it is deeply disappointing that one of Scotland’s largest and longest-standing industries has been treated in this way. The industry continues to grapple with significant domestic headwinds, including the soaring cost of energy, intense pressure on the hospitality sector, and increasing regulatory burdens like the Deposit Return Scheme. This tax hike just adds to the pressures on the sector and breaks the UK government’s commitment to support Scotch,” he said in a statement.

Kent called on members of Parliament to reject the “unjustifiable” tax hike when they vote on the Finance Bill later this spring.

Links: Scotch Whisky Association

American Spirits Exports Reach Record High

March 12, 2023 – American distillers exported a record $2.06 billion in spirits during 2022, a 30 percent gain over 2021 as the temporary end of tariffs on Bourbons and other American whiskies helped exports rebound. According to a new report from the Distilled Spirits Council, American whisky exports grew 32 percent with a value of $1.28 billion during the year. “Growth to the European Union and United Kingdom lagged behind other markets,” DISCUS Vice President of International Trade Rob Maron told WhiskyCast in a telephone interview. Both trade partners ended their punitive tariffs on American whisky exports in 2022, Read More »

March 12, 2023 – American distillers exported a record $2.06 billion in spirits during 2022, a 30 percent gain over 2021 as the temporary end of tariffs on Bourbons and other American whiskies helped exports rebound. According to a new report from the Distilled Spirits Council, American whisky exports grew 32 percent with a value of $1.28 billion during the year.

“Growth to the European Union and United Kingdom lagged behind other markets,” DISCUS Vice President of International Trade Rob Maron told WhiskyCast in a telephone interview. Both trade partners ended their punitive tariffs on American whisky exports in 2022, though Maron noted the tariffs could return if no agreement on sustainable steel and aluminum trading is reached with the Biden Administration by this October.

“We urge the Biden administration to secure the permanent removal of these tariffs. If an agreement on steel and aluminum is not reached with the EU before the end of 2023, the EU will reimpose its retaliatory tariff at 50% on American Whiskeys. That will bring this renewed interest in American Whiskey among EU consumers to a screeching halt,” Maron said.

While the end of tariffs helped push export sales, the report also found shifting consumer preferences toward premium and luxury spirits, along with the gradual reopening of the hospitality sector following pandemic-related closures.

The 27-member European Union remains the single largest export market for U.S. spirits at $703 million, more than double Canada’s second-place ranking at $268 million. The United Kingdom ($159 million), Australia ($141 million) and Japan ($113 million) round out the top five export markets by value.

Links: Distilled Spirits Council

Whisky Fungus Lawsuit Halts Work on Jack Daniel’s Warehouse

March 2, 2023 – Jack Daniel’s is being ordered to stop work on a new whisky warehouse being built near the distillery in Lincoln County, Tennessee. The county’s chancellor ordered zoning officials to issue a stop-work order after a lawsuit over the “whiskey fungus” that has covered a neighboring events venue with black mold. Christi Long sued local zoning officials over what her lawyer described as improperly approved permits for the warehouses. Six have already been built on the site, with a seventh under construction. County Chancellor J.B. Cox ruled that the permitting process was never fully completed in issuing Read More »

March 2, 2023 – Jack Daniel’s is being ordered to stop work on a new whisky warehouse being built near the distillery in Lincoln County, Tennessee. The county’s chancellor ordered zoning officials to issue a stop-work order after a lawsuit over the “whiskey fungus” that has covered a neighboring events venue with black mold.

Christi Long sued local zoning officials over what her lawyer described as improperly approved permits for the warehouses. Six have already been built on the site, with a seventh under construction. County Chancellor J.B. Cox ruled that the permitting process was never fully completed in issuing his order, and Long’s attorney expects another order to shut down the six operating barrel houses.

Long and her attorney claim the warehouses are responsible for the black mold, which she has spent thousands of dollars to remove using power washers and bleach. The mold, known as Baudoinia compniacensis, has been the subject of several lawsuits in Kentucky and Scotland from people living near distilleries. It’s a naturally occurring fungus that feeds on alcohol vapors, such as those released by barrels of maturing whisky.

Jack Daniel’s owner Brown-Forman was not named in the lawsuit. Jack Daniel’s spokesman Svend Jansen issued the following statement to WhiskyCast:

“We respect the Chancellor’s ruling and look forward to working with Lincoln County on updated permits. The Jack Daniel Distillery will continue to comply with regulations and industry standards regarding the design, construction and permitting of our barrelhouses.”

Long and other neighbors are demanding that Brown-Forman install air filters on its warehouses to remove the vapors.

This story will be updated with additional information as necessary.

Links: Jack Daniel’s

Barrel Tax Bill Under Consideration in Kentucky Legislature

February 28, 2023 – Kentucky state lawmakers have just 11 legislative days left to consider a bill that would phase out the state’s “barrel tax” on barrels of aging Bourbon. House Bill 5 would start phasing out the tax in 2026 and end it completely in 2039, and is pending in the Kentucky House Appropriations and Revenue Committee. Kentucky is the only state that taxes inventories of maturing spirits, and the tax raised approximately $40 million for local governments in 2021. Distillers have the ability to take a credit for the barrel taxes they pay against their corporate state income Read More »

February 28, 2023 – Kentucky state lawmakers have just 11 legislative days left to consider a bill that would phase out the state’s “barrel tax” on barrels of aging Bourbon. House Bill 5 would start phasing out the tax in 2026 and end it completely in 2039, and is pending in the Kentucky House Appropriations and Revenue Committee.

Kentucky is the only state that taxes inventories of maturing spirits, and the tax raised approximately $40 million for local governments in 2021. Distillers have the ability to take a credit for the barrel taxes they pay against their corporate state income taxes, but income tax cuts in past years have made it so that they pay more in barrel taxes than they do in state income taxes.

The bill is the product of the General Assembly’s “barrel tax task force” that met last summer in Frankfort to hear testimony from stakeholders, including the Bourbon industry and local government officials. It would continue the current 100% credit through 2025, but distillers would only receive a 3% credit starting in 2026 with incremental increases each year until 2039, when the tax would be eliminated. That would significantly increase the amount of money the tax generates in the first 10 to 12 years of the phaseout, while gradually reducing it in subsequent years.

Eric Gregory of the Kentucky Distillers Association issued qualified support for the bill in a statement:

“Eliminating the job-killing inventory tax on aging barrels requires consideration of the distilleries that pay it and the local communities that benefit from it. Kentucky’s signature Bourbon industry believes the phase-out schedule in House Bill 5 ultimately benefits local communities across Kentucky by more than doubling the industry’s tax before any reduction occurs. In fact, most local communities will see no reduction from current revenues for at least the next 10 years.

While the bill will initially and significantly increase our tax liability, we appreciate the leadership of A&R Chairman Jason Petrie and Speaker David Osborne to put forth a proposal to slowly phase out the discriminatory tax.

The success or failure of House Bill 5 will determine whether Kentucky’s distilling industry continues to call the Commonwealth home, bringing jobs and tax revenue as it grows, or whether it is forced to look at other states for future growth or even potentially relocating existing facilities.

Thank you to the legislature for addressing this crisis. It is imperative that the Kentucky General Assembly end the tax on a $9 billion homegrown industry that employs 22,500 Kentuckians and attracts millions of tourist visits to Kentucky each year.”

Local leaders blasted the bill during a news conference Monday in Bardstown, claiming the elimination of the tax will lead to cuts in local services and public schools.

Links: House Bill 5 | Kentucky Distillers Association

Oregon Scandal Costs Liquor Regulators Their Jobs

February 19, 2023 – There’s a scandal brewing in Oregon, where both the executive director and chairman of the state’s liquor control board have resigned under pressure from Governor Tina Kotek. Oregon Liquor and Cannabis Commission chairman Paul Rosenbaum resigned Thursday following the ouster of executive director Steve Marks. Marks was one of several OLCC executives implicated in an internal investigation last year that found they had diverted bottles of Pappy Van Winkle and other rare Bourbons from retail sale for their own use The Oregonian newspaper broke details of the internal probe, which also found that the agency executives paid for Read More »

February 19, 2023 – There’s a scandal brewing in Oregon, where both the executive director and chairman of the state’s liquor control board have resigned under pressure from Governor Tina Kotek. Oregon Liquor and Cannabis Commission chairman Paul Rosenbaum resigned Thursday following the ouster of executive director Steve Marks. Marks was one of several OLCC executives implicated in an internal investigation last year that found they had diverted bottles of Pappy Van Winkle and other rare Bourbons from retail sale for their own use

The Oregonian newspaper broke details of the internal probe, which also found that the agency executives paid for the bottles and denied selling them on the secondary market.

Oregon’s attorney general has launched a criminal investigation to see whether any state ethics laws were broken.

Links: The Oregonian

Scottish Government Opens Consultation on Peat Ban

February 19, 2023 – In a move that’s likely to make fans of peaty Scotch whiskies nervous, the Scottish Government has opened a public consultation period on a proposal to begin limiting the sale of peat with an eye to eventually banning peat usage outright. Most peat harvested goes to agricultural use, and the government’s proposal would begin with a ban on the sale of peat for home gardening use, followed by commercial agriculture and finally, industrial uses of peat. Environment and Land Reform Minister Mairi McAllan said in a statement that “we also want to hear views from industry Read More »

February 19, 2023 – In a move that’s likely to make fans of peaty Scotch whiskies nervous, the Scottish Government has opened a public consultation period on a proposal to begin limiting the sale of peat with an eye to eventually banning peat usage outright.

Most peat harvested goes to agricultural use, and the government’s proposal would begin with a ban on the sale of peat for home gardening use, followed by commercial agriculture and finally, industrial uses of peat. Environment and Land Reform Minister Mairi McAllan said in a statement that “we also want to hear views from industry – those who extract peat, those who supply it, garden centres and other users of peat such as the fuel and whisky industries. We welcome a wide range of views to ensure that we can set dates for ending the sale of peat that are both realistic and ambitious.”

The government has set a goal of becoming Net Zero carbon usage by 2045, and Northern Ireland, Wales, and England are considering similar bans.

The consultation period runs through May 12, with no timeline for action in the Scottish Parliament. The move follows a similar public consultation period on proposals to limit the marketing and sale of alcoholic beverages in Scotland.

Links: Scottish Government Peat Consultation

Distillers Left Out of UK Energy Relief Program

February 17, 2023 – Wine, cider, and beer qualify for relief under the UK Government’s new energy relief program, but whisky distillers have been left out, despite the fact that distilleries use more energy than their competitors in the drinks industry. The government’s Energy and Trade Intensive Industries scheme is designed to provide financial support for industries hit hard by the rise in electricity and natural gas prices, with eligible companies receiving a discount based on the difference between wholesale prices and a set price threshold. According to the Scotch Whisky Association, 53 percent of distillers have seen their energy Read More »

February 17, 2023 – Wine, cider, and beer qualify for relief under the UK Government’s new energy relief program, but whisky distillers have been left out, despite the fact that distilleries use more energy than their competitors in the drinks industry. The government’s Energy and Trade Intensive Industries scheme is designed to provide financial support for industries hit hard by the rise in electricity and natural gas prices, with eligible companies receiving a discount based on the difference between wholesale prices and a set price threshold.

According to the Scotch Whisky Association, 53 percent of distillers have seen their energy costs increase in the past year, while 72 percent expect those costs to rise this year. Chief executive Mark Kent said in a statement that distillers have been left out in the cold at a time when the government is considering lifting the current freeze on excise duties in next month’s budget address. Most distilleries rely on natural gas to fuel their boilers and heat their stills, with others relying on fuel oil.

“Scotch Whisky has consistently delivered for the UK economy when given stability and certainty through duty freezes, enabling the industry to reinvest in the economy. Our message to the Chancellor is clear – increasing duty would be the wrong decision and the wrong time. By freezing duty the government can support Scotch and avoid unnecessarily fuelling inflation at a time when there are already significant pressures on businesses and households, and consumers,” Kent said.

Most of the industries eligible for the scheme are manufacturing-based, but the list also included wineries as well as brewers and cider makers. Those industries were selected based on a combination of their energy usage and trade intensity. More details on the program are to be published next month.

McEwan Honored with MBE

January 2, 2023 – “For contributions to the Scotch Whisky industry and the community on Islay.” Eleven words that describe a six-decade career in the whisky industry, but not nearly enough to describe Jim McEwan’s career. McEwan was named a member of the Order of the British Empire (MBE) in King Charles’s first New Year’s Honours List along with Diageo CEO Ivan Menezes, who will be knighted for his services to the business community and equality. “To receive an award like that completely floored me…I never ever, ever, ever, anticipated anything like that, McEwan said in a telephone interview with Read More »

January 2, 2023 – “For contributions to the Scotch Whisky industry and the community on Islay.”

Eleven words that describe a six-decade career in the whisky industry, but not nearly enough to describe Jim McEwan’s career. McEwan was named a member of the Order of the British Empire (MBE) in King Charles’s first New Year’s Honours List along with Diageo CEO Ivan Menezes, who will be knighted for his services to the business community and equality.

“To receive an award like that completely floored me…I never ever, ever, ever, anticipated anything like that, McEwan said in a telephone interview with WhiskyCast. “I couldn’t get in the store (this morning), everyone wanted to shake my hand,” he said.

McEwan was notified of the award in a letter from Buckingham Palace on November 30, and he and his wife Barbara were sworn to secrecy until the announcement late Friday night (December 30). No date has been set for him to officially receive the medal in a ceremony.

“Without Barbara’s help, I never would have done it…when I was traveling, she’d be home taking care of the kids, and when I came home, she’d put me back together again,” he said. “Putting up with me for 57 years, that deserves a medal,” he said with a laugh.

McEwan finally retired in 2021 after several tries that left him “pacing the cage like a tiger,” ending a career that saw him go from an apprentice cooper at Bowmore Distillery on his native Islay to managing the distillery. In 2001, he was offered the chance to bring the mothballed Bruichladdich Distillery back to life and became its Production Director, teasing the most out of a cache of casks left behind by the previous owner to bring in much-needed cash while his team started laying down new make spirit that’s now being bottled on the island today.

After he stepped down from Bruichladdich in 2015, he became the first master distiller for the island’s newest distillery, Ardnahoe, while working on consulting projects as far away as Australia. Finally, after being featured in the documentary film “The Water of Life,” Jim retired to spend more time at home with Barbara and his grandchildren.

“There’s still life in the dog yet…I’m still running.”