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Bourbon Justice: How Whiskey Law Shaped America
"This admirable book will be a valuable addition for any whiskey enthusiast, but it will also be a fine read for anyone with a serious interest in American history." —Susan Reigler, Leo Weekly Bourbon whiskey has made a surprising contribution to American legal history. Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws. Bourbon is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection. In Bourbon Justice Brian Haara delves into the legal history behind one of America’s most treasured spirits to uncover a past fraught with lawsuits whose outcome, surprisingly perhaps, helped define a nation.
Approaching the history of bourbon from a legal standpoint, Haara tells the history of America through the development of commercial laws that guided our nation from an often reckless laissez-faire mentality, through the growing pains of industrialization, and past the overcorrection of Prohibition. More than just true bourbon history, this is part of the American story.
Approaching the history of bourbon from a legal standpoint, Haara tells the history of America through the development of commercial laws that guided our nation from an often reckless laissez-faire mentality, through the growing pains of industrialization, and past the overcorrection of Prohibition. More than just true bourbon history, this is part of the American story.
- GenresHistoryNonfictionBooze
200 pages, Hardcover
Published November 1, 2018
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201 people want to read
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Displaying 1 - 17 of 17 reviews
September 8, 2018
Justice reveals the truth.
Bourbon Justice illustrates over and over how much of the bourbon history and folklore are only half truths and even further twisted by advertising. It's amazing to think that the "brown water" in the glass beside you has affected modern society around us so much. To think about some corn, barley, rye or wheat left to ferment and distilled for consumers to enjoy the flavors of becomes so complicated when you add in the taxation that financed our nation, legal efforts to protect the reputations of the distillers and their products. It protected the purity of the drinks you consume, the food you and eat, your safety at work, and even the environment around you. That "brown water" has even been the focal point of treaties between the United States and others. Bourbon Justice will quickly become one of the standard books in anyone's bourbon library. It was a lot of fun to read and I enjoyed learning more about the industry. It will certainly provide the starting point for bourbon conversation with even the most dedicated aficionados. You will definitely want to have the internet available while you read. Bourbon Justice led me to fall down several internet rabbit holes throughout the book. It was thought provoking while leading me to follow my questions and connections to other industries. I was surprised by several items in the book that provided confirmation of rumors that I've heard like that some distilleries don't distill and bottle 100% of their product. After I finished reading, I wanted to go through my own liquor cabinet inspect the bottles in order to evaluate the statements and see if they used verbiage to stay technically true or if I could be the one to find the next bourbon mystery. Overall, I enjoyed this book quite a lot and would rate it 5/5 stars. Many thanks to #Netgalley, #BrianFHarra and #UniversityofNebraskaPotomacBooks for the opportunity to read this ARC in exchange for an honest review.
Bourbon Justice illustrates over and over how much of the bourbon history and folklore are only half truths and even further twisted by advertising. It's amazing to think that the "brown water" in the glass beside you has affected modern society around us so much. To think about some corn, barley, rye or wheat left to ferment and distilled for consumers to enjoy the flavors of becomes so complicated when you add in the taxation that financed our nation, legal efforts to protect the reputations of the distillers and their products. It protected the purity of the drinks you consume, the food you and eat, your safety at work, and even the environment around you. That "brown water" has even been the focal point of treaties between the United States and others. Bourbon Justice will quickly become one of the standard books in anyone's bourbon library. It was a lot of fun to read and I enjoyed learning more about the industry. It will certainly provide the starting point for bourbon conversation with even the most dedicated aficionados. You will definitely want to have the internet available while you read. Bourbon Justice led me to fall down several internet rabbit holes throughout the book. It was thought provoking while leading me to follow my questions and connections to other industries. I was surprised by several items in the book that provided confirmation of rumors that I've heard like that some distilleries don't distill and bottle 100% of their product. After I finished reading, I wanted to go through my own liquor cabinet inspect the bottles in order to evaluate the statements and see if they used verbiage to stay technically true or if I could be the one to find the next bourbon mystery. Overall, I enjoyed this book quite a lot and would rate it 5/5 stars. Many thanks to #Netgalley, #BrianFHarra and #UniversityofNebraskaPotomacBooks for the opportunity to read this ARC in exchange for an honest review.
May 17, 2020
A great way to learn Kentucky bourbon history, and how much its growth fueled developments in our nation’s legal system.
Non-attorneys shouldn’t be concerned about the book containing lawyer-ese or other technical barriers. The book is an easy, yet interesting read.
Bonus: Haara includes descriptions of dozens of bourbons to help those who want to taste different variations.
Non-attorneys shouldn’t be concerned about the book containing lawyer-ese or other technical barriers. The book is an easy, yet interesting read.
Bonus: Haara includes descriptions of dozens of bourbons to help those who want to taste different variations.
September 9, 2024
Now I can fit right into conversations with bourbon enthusiasts. This was a bit short, would love more detail.
October 18, 2018
I reviewed this book for Bourbon & Banter (bourbonbanter.com). My review notes are below...
In the book’s foreward, Fred Minnick himself tells us, “let me be clear: I cannot express how important this book is to bourbon history.”
I’ve read and reviewed multiple Minnick books and they are amongst the very few I recommend to others. He’s spot on about Brian Haara’s phenomenal new book Bourbon Justice– This is instant classic material.
Like many of you, I became aware of Haara via his outstanding blog ‘Sipp’n Corn’ years ago. I eventually had the pleasure of meeting him and we’ve worked together on many whiskey-related projects. He not only knows bourbon, but he enjoys it, he lives it, he studies it. He’s also a Kentucky attorney who has worked on litigation between distilleries. He’s fought for it. Through his unique lens, Haara brings us a history of bourbon that you’ve never seen before.
The genius of examining bourbon history through the court system is that each individual record and decision was documented following an examination of the facts and a search for the truth. The distilling has already been done, if you will.
It also serves to illustrate many of the fallacies and loopholes that still exist due to oversight or lack of legal guardrails. For example, while we generally agree and accept what the term ‘single barrel’ means, Haara emphasizes there is actually no regulation or definition for it. In other words, bourbon from multiple barrels could actually be combined and then be sold as a Single Barrel Bourbon. Hmm.
Attorneys (like myself) will absolutely love the book. As I told Brian partway through reading it, “I feel like I’m back in law school.” However, this is no textbook and you aren’t going to be poring through court opinions. No better example is found than the ruling in the Maker’s Mark dripping wax lawsuit. It is concise and told with bullet points. You will even catch Haara respectfully defending the honor of tequila in this section, proving he’s no mere bourbon fanboy.
The reading is fast-paced, well organized, and very concise. This greatly works to its benefit. I suspect you will pull it down often to cite passages for your drinking companions.
Throughout the book, there are several well-placed “reviews” of selected bourbons that serve both to break-up the material as well as further emphasize a point being made in that particular section. While Haara does include brief tasting notes in the snippets, they are far more valuable as informational pieces, including processes and historical context. You will appreciate them a lot more than knowing whether there is orange peel or candied apples on the palate.
It’s also a dusty hunter’s dream. I finally learned the origins of some pre-prohibition whiskeys I’ve tried including Old Jordan (found in a 3-gallon glass carboy in a pharmacist’s office!), as well as a bottle from The American Medicinal Spirits Corporation that Pops poured some lucky Bourbon & Banter writers at his house a couple of years ago.
You’ve certainly read about landmark bourbon citations including the Bottled-In-Bond Act, the Taft Decision and others. But nobody until now has put them in their rightful historical context. Haara’s crowning achievement with Bourbon Justice is to emphasize bourbon’s true impact on the future of American business.
Among them are the following:
The term “brand name” actually originated from literally branding a distillery’s name onto bourbon containers in the 1800’s.
Bourbon litigation determined when a family surname can and cannot be used as a business or trade name.
Bourbon was instrumental in forcing early environmental protections as well as workplace safety reforms. (The sometimes gruesome details of unfortunate distillery accidents are provided.)
Bourbon was directly responsible for the development of the nation’s very first consumer protection laws, via The Bottled-In-Bond Act of 1897 and the Pure Food and Drug Act of 1906.
Bourbon had an enormous impact on interstate commerce laws (transporting booze across state lines) as well as illegal searches and seizures (possession of stills during prohibition).
Decisions regarding ‘puffery’ in bourbon marketing claims would shape the future of of marketing forever.
Haara masterfully covers these topics by flowing from case to case. After all, he was the attorney who successfully defended Castle & Key’s usage of its Old Taylor Distillery site against a lawsuit from Sazerac this summer. And incidentally, those who have toured Sazerac’s Buffalo Trace and Castle & Key’s Old Taylor Castle will appreciate Haara’s guide through the rocky relationship and split between E.H. Taylor and George T. Stagg, culminating in a 13-year court battle.
The material is fresh and current, and will appeal both to the newly interested and the experts alike. Bourbon Justice feels like a complete journey through history, bringing it full circle from Colonel Taylor’s concerns of old to today’s perils of purchasing adulterated or counterfeit whiskey on the secondary market. It’s a shockingly good debut book and one that should be on everybody’s Holiday shopping list.
In the book’s foreward, Fred Minnick himself tells us, “let me be clear: I cannot express how important this book is to bourbon history.”
I’ve read and reviewed multiple Minnick books and they are amongst the very few I recommend to others. He’s spot on about Brian Haara’s phenomenal new book Bourbon Justice– This is instant classic material.
Like many of you, I became aware of Haara via his outstanding blog ‘Sipp’n Corn’ years ago. I eventually had the pleasure of meeting him and we’ve worked together on many whiskey-related projects. He not only knows bourbon, but he enjoys it, he lives it, he studies it. He’s also a Kentucky attorney who has worked on litigation between distilleries. He’s fought for it. Through his unique lens, Haara brings us a history of bourbon that you’ve never seen before.
The genius of examining bourbon history through the court system is that each individual record and decision was documented following an examination of the facts and a search for the truth. The distilling has already been done, if you will.
It also serves to illustrate many of the fallacies and loopholes that still exist due to oversight or lack of legal guardrails. For example, while we generally agree and accept what the term ‘single barrel’ means, Haara emphasizes there is actually no regulation or definition for it. In other words, bourbon from multiple barrels could actually be combined and then be sold as a Single Barrel Bourbon. Hmm.
Attorneys (like myself) will absolutely love the book. As I told Brian partway through reading it, “I feel like I’m back in law school.” However, this is no textbook and you aren’t going to be poring through court opinions. No better example is found than the ruling in the Maker’s Mark dripping wax lawsuit. It is concise and told with bullet points. You will even catch Haara respectfully defending the honor of tequila in this section, proving he’s no mere bourbon fanboy.
The reading is fast-paced, well organized, and very concise. This greatly works to its benefit. I suspect you will pull it down often to cite passages for your drinking companions.
Throughout the book, there are several well-placed “reviews” of selected bourbons that serve both to break-up the material as well as further emphasize a point being made in that particular section. While Haara does include brief tasting notes in the snippets, they are far more valuable as informational pieces, including processes and historical context. You will appreciate them a lot more than knowing whether there is orange peel or candied apples on the palate.
It’s also a dusty hunter’s dream. I finally learned the origins of some pre-prohibition whiskeys I’ve tried including Old Jordan (found in a 3-gallon glass carboy in a pharmacist’s office!), as well as a bottle from The American Medicinal Spirits Corporation that Pops poured some lucky Bourbon & Banter writers at his house a couple of years ago.
You’ve certainly read about landmark bourbon citations including the Bottled-In-Bond Act, the Taft Decision and others. But nobody until now has put them in their rightful historical context. Haara’s crowning achievement with Bourbon Justice is to emphasize bourbon’s true impact on the future of American business.
Among them are the following:
The term “brand name” actually originated from literally branding a distillery’s name onto bourbon containers in the 1800’s.
Bourbon litigation determined when a family surname can and cannot be used as a business or trade name.
Bourbon was instrumental in forcing early environmental protections as well as workplace safety reforms. (The sometimes gruesome details of unfortunate distillery accidents are provided.)
Bourbon was directly responsible for the development of the nation’s very first consumer protection laws, via The Bottled-In-Bond Act of 1897 and the Pure Food and Drug Act of 1906.
Bourbon had an enormous impact on interstate commerce laws (transporting booze across state lines) as well as illegal searches and seizures (possession of stills during prohibition).
Decisions regarding ‘puffery’ in bourbon marketing claims would shape the future of of marketing forever.
Haara masterfully covers these topics by flowing from case to case. After all, he was the attorney who successfully defended Castle & Key’s usage of its Old Taylor Distillery site against a lawsuit from Sazerac this summer. And incidentally, those who have toured Sazerac’s Buffalo Trace and Castle & Key’s Old Taylor Castle will appreciate Haara’s guide through the rocky relationship and split between E.H. Taylor and George T. Stagg, culminating in a 13-year court battle.
The material is fresh and current, and will appeal both to the newly interested and the experts alike. Bourbon Justice feels like a complete journey through history, bringing it full circle from Colonel Taylor’s concerns of old to today’s perils of purchasing adulterated or counterfeit whiskey on the secondary market. It’s a shockingly good debut book and one that should be on everybody’s Holiday shopping list.
October 19, 2018
This review originally published in Looking For a Good Book. Rated 3.5 of 5
Although I've been drinking bourbon for a few decades (as the primary alcohol in my Manhattans) I admit to knowing very little about it other than I prefer bourbon to most other whiskeys. Brian F. Haara's Bourbon Justice shares not just a little history of bourbon, but shows us how this distinctly American alcohol laid the foundation for many of our modern consumer protection laws.
Americans have always seemed to me to be rather litigious and so it seems quite appropriate that bourbon (one of the factors for the alcohol to be called a bourbon is that it has to be made in America) has set the stage for a number of American laws.
Right off the bat we learn that it took lawsuits and a decision by the President of the United States, to determine what constitutes a bourbon. Then we embark on trademark and brand name decisions that still affect us today.
We learn about puffery (there's a legal definition) and exaggeration and truth in labeling - something which is still an issue today and has often been a source of contention between various bourbon manufacturers. We even learn a little bit about bourbon and Prohibition.
What is presented here is really rather fascinating. There were times when I couldn't believe that someone had, perhaps, copied a label so much in order to trick a consumer into believing their inferior brand was actually a different, more expensive brand. Or that a family couldn't use their family name on a bottle because the rights had been sold generations earlier.
Yet with all that's here, it doesn't feel very complete. Maybe this is it. Maybe the ten chapters of this book really do make up all laws brought about by, for, and against bourbon manufacturers. Or maybe it's at least all the important lawsuits. But it just doesn't feel that way. I get the sense (and I can't quite say why) that this just skims the surface.
Haara does a really fine job of presenting his information and the book is well researched. Nearly a fifth of this slim book is made up of Acknowledgements, Notes, Table of Authorities (court case references), and an Index.
I did appreciate the "Tasting Notes" mixed in with the book, in which different bourbons are highlighted and detailed. I will definitely refer to this in the future when I need to pick up another bottle.
The bottom line, however, for me, is that I don't think I am any better informed when it comes to selecting my bourbons. Who actually manufactures my favorite drink, what it consists of, and where it comes from, can still be obfuscated enough, legally, that it would take some pretty intense research to know. I guess I'll keep going just based on my tastes.
Looking for a good book? Bourbon Justice by Brian F. Haara takes a detailed look at how the beginnings of bourbon in American also brought about early lawsuits, many of which are either still in place or at least set the bar for today's consumer protection laws. It is an interesting read.
I received a digital copy of this book from the publisher, though Netgalley, in exchange for an honest review.
Although I've been drinking bourbon for a few decades (as the primary alcohol in my Manhattans) I admit to knowing very little about it other than I prefer bourbon to most other whiskeys. Brian F. Haara's Bourbon Justice shares not just a little history of bourbon, but shows us how this distinctly American alcohol laid the foundation for many of our modern consumer protection laws.
Americans have always seemed to me to be rather litigious and so it seems quite appropriate that bourbon (one of the factors for the alcohol to be called a bourbon is that it has to be made in America) has set the stage for a number of American laws.
Right off the bat we learn that it took lawsuits and a decision by the President of the United States, to determine what constitutes a bourbon. Then we embark on trademark and brand name decisions that still affect us today.
We learn about puffery (there's a legal definition) and exaggeration and truth in labeling - something which is still an issue today and has often been a source of contention between various bourbon manufacturers. We even learn a little bit about bourbon and Prohibition.
What is presented here is really rather fascinating. There were times when I couldn't believe that someone had, perhaps, copied a label so much in order to trick a consumer into believing their inferior brand was actually a different, more expensive brand. Or that a family couldn't use their family name on a bottle because the rights had been sold generations earlier.
Yet with all that's here, it doesn't feel very complete. Maybe this is it. Maybe the ten chapters of this book really do make up all laws brought about by, for, and against bourbon manufacturers. Or maybe it's at least all the important lawsuits. But it just doesn't feel that way. I get the sense (and I can't quite say why) that this just skims the surface.
Haara does a really fine job of presenting his information and the book is well researched. Nearly a fifth of this slim book is made up of Acknowledgements, Notes, Table of Authorities (court case references), and an Index.
I did appreciate the "Tasting Notes" mixed in with the book, in which different bourbons are highlighted and detailed. I will definitely refer to this in the future when I need to pick up another bottle.
The bottom line, however, for me, is that I don't think I am any better informed when it comes to selecting my bourbons. Who actually manufactures my favorite drink, what it consists of, and where it comes from, can still be obfuscated enough, legally, that it would take some pretty intense research to know. I guess I'll keep going just based on my tastes.
Looking for a good book? Bourbon Justice by Brian F. Haara takes a detailed look at how the beginnings of bourbon in American also brought about early lawsuits, many of which are either still in place or at least set the bar for today's consumer protection laws. It is an interesting read.
I received a digital copy of this book from the publisher, though Netgalley, in exchange for an honest review.
October 12, 2020
I enjoyed the treatment of the subject, looking at the history of bourbon through court cases over its history.
The pace was odd though and the author jumped, on more than one occasion, from one legal case to another with no transition. I think a round of editing for overall unity would have helped. The material is there.
The pace was odd though and the author jumped, on more than one occasion, from one legal case to another with no transition. I think a round of editing for overall unity would have helped. The material is there.
February 27, 2021
Fascinating read. Crafting an entire book strictly from court cases and documents sounds like it would be dry and boring. Nope! The history of Bourbon and Whiskey as told through these cases is interesting. Bourbon is uniquely American, and it's legal past has set standards for much of America. Well done.
December 8, 2020
Awesome read! Gives a great deal of detail of the court cases that impacted our favorite brands and history of bourbon and the people of the industry. Tons of info about branding, showing a reality of the bourbons we are actually buying. A must read for any bourbon enthusiast.
September 5, 2018
A comprehensive and concise legal history of Bourbon in the USA. It does what it claims to do. Did it shape America? No, but its still a good read.
October 5, 2018
I loved this book! It dives into the nerdier side of bourbon. But, it's great to see how bourbon law has affected the rest of the country
September 26, 2019
Makes me want to read a few more books on bourbon and have a sip of corn. Warning, this may cause you to be more inspective and buy the more exclusive and expensive brands.
April 23, 2022
Nice peek into bourbon history and the way litigation shaped consumer protections in US.
January 2, 2023
Good review of legal cases involving Bourbon interspersed with reviews of Bourbon.
April 29, 2023
Excelent
Approachable by lawyers or historians and by the general public. A very interesting subject. Connections between liquor law and other law fields I was unaware of.
Approachable by lawyers or historians and by the general public. A very interesting subject. Connections between liquor law and other law fields I was unaware of.
August 13, 2023
Great insight into the bourbon industry and how it was molded by the legal world. A very interesting read.
September 29, 2024
A good read. Not as interesting as a travel log but otherwise good
September 14, 2018
“Shaped” might be an overstatement, but it’s a decent account of how changes in American business fed and responded to changes in American law. Americans often have a lot of pride in their productions but there are also plenty of sharp dealers, and bourbon has a lot of both sets of characters. For example, in 1885 a recipe book offered a variety of recipes that could be passed off as bourbon and rye; “rectified” liquor was sold as “bourbon.” The Bottled-in-Bond Act of 1897, which Haara identifies as the nation’s first consumer protection law, didn’t solve the problem, so President Taft formally defined “straight,” “blended,” and “imitation” whiskey in 1909. Where it’s not advertising/consumer protection law, it’s likely to be trademark law—plenty of producers copied and sued each other (sometimes both). These cases were part of the transformation of trademark from a narrow right against straight up fraud to a much more expansive right that allowed Maker’s Mark to prevail against Jose Cuervo’s red wax seal for its otherwise completely different-looking tequila. Recent years have seen less attention to consumer protection—bottlers no longer have to disclose the age of their product, though if they do disclose anything about the age of the components they have to specify the youngest (and least valuable).
Displaying 1 - 17 of 17 reviews