There are two reasons why this decision was necessary:
1) Because Fentimans’ products are carbonated through fermentation, they contain a small amount of alcohol (0.5% or less).
2) Fentimans’ products are designed and marketed in such a way as to be considered “imitation liquor.”
Fentimans certainly meets the alcohol content requirements… but what about the imitation liquor charge? Consider the following:
- Fentimans itself markets the drink as an adult soft drink (“Fentimans botanically brewed beverages are the original adult soft drinks.")
- A product in the same product line, the Shandy, contains non-alcoholic beer, and another product, the Seville Orange Jigger, refers to a device used for measuring alcohol.
- Prominent food reviews before the Houlton incident considered Fentimans an adult soda and a good mixer for alcoholic beverages.
The Fentimans Blog does make a good point: that other companies sell product (IBC root beer in particular) in beer-imitating containers—and that such containers are problematic. However, IBC does not contain alcohol, which exempts it from Maine’s “imitation liquor” statutes. Other products, like kombucha, which do contain a small amount of alcohol from fermentation, aren’t mistakeable for an alcoholic drink, and so are also exempt.
On their site, the Fentimans’ company snarkily makes fun of the folks in the County who are earnestly looking out for the welfare of youth, but we applaud the Aroostook Substance Abuse Prevention Coalition for taking an unpopular stand. Underage drinking is a serious matter, and when kids enjoy pretending to drink they are setting themselves up for some bad habits.