I’m an attorney in Louisville, Kentucky who found a way to combine my passions for law, bourbon, and history. After stumbling upon the Pepper v. Labrot case from the late 1800’s and then learning the real truth about Col. E. H. Taylor, Jr., I knew that I had to tell this bourbon story and its connections with the development of American commercial law and the growth of the nation.
Discovery of the interplay between bourbon, law, and history led me to blogging as Sipp’n Corn®, which quickly developed into media credentials, collaboration with retailers to select private barrels, a brief role in a documentary, and ultimately to Bourbon Justice: How Whiskey Law Shaped America, which tells the real history of Kentucky’s famous spirit by using only historic lawsuits between the early distillers. These old lawsuits not only expose long-lost facts, but they also reveal the historical shenanigans and maverick mentality that are part of bourbon’s rich heritage. The old litigation fights involving distillers are the perfect way to learn about bourbon and American history.
No spirit can tell the story like bourbon does because only bourbon is distinctively—and legally—American, as recognized by Congress in 1964. Bourbon barons epitomized the American dream; they aspired to greatness, were ruggedly independent, resourceful, and highly competitive. Bourbon law shows how American distillers flaunted the law when deemed necessary, lobbied for new consumer protection laws or self-interested protectionism laws, and strategically stretched and used laws to gain an advantage over the competition.
There’s plenty more about Bourbon Justice and my other research on my website: https://brianhaara.com/
Bourbon Justice is available from my publisher, Potomac Books, here: Potomac Books
And on Amazon here: Amazon
I’m looking forward to your questions!
Brian, thank you so much for joining us for this AMA.
So starting with the obvious question perhaps, but you piqued my interest, what was it about Pepper v. Labrot that drew you into the topic so strongly?
Second, and I hope this isn't too far afield as it is law shaping whiskey, but I often hear about how pre- and post-Prohibition brewing is so wildly different, basically eviscerating the number of makers unable to recover, but have never really heard much on the impact of that period on the whiskey industry. What differences do we see in the industry, and the whiskey itself, on the two sides of that divide?
Finally, and more personally, if you had to be stuck with only one, what bourbon would you be sipping?
What made these distillers so potentially powerful and able to uae the law to their advantage? Was it simply the abundance of land? E.g., did they get into legal conflicts over using land to grow maize for making spirits instead of stockpiling grain, or was this kind of "public good" a non-issue?
First of all, thank you very much for engaging in this AMA, Brian!
I'm curious about to what extent bourbon producers and wholesalers engaged with international markets.
Did 19th and early 20th century producers see their whiskey as an American product for the American market, or was there an interest in exports and constructing international brands from an early stage?
To what extent did the early whiskey industry engage with local and federal government to promote foreign sales? During the world wars federal trade and blockade agencies (such as the War Trade Board and Commerce Dept) cooperated closely with a range of domestic industries in an effort to secure "fair" access to overseas markets in allied and neutral states alike. Was the Bourbon industry part of these efforts, or were there moral or commercial reasons for its exclusion?
What would you most like to tell us that no one ever asks about?
Should barrel-warehouses still be taxed for aging products? Or is this a byproduct of old laws? I don’t know the history behind this.
What are some current “old laws” regulations that need to be amended or gone?
What’s your take on Sazerac recently suing Castle & Key & losing? Fomo on part of Sazerac for not buying a piece of their history/brand back? Or just concerned with their trademark?
Hey Brian! Fellow Kentuckian here. Why is it that Kentucky became so known for its bourbon, when so many other states produce it?
Champagne is protected by the Madrid system/Treaty of Versailles. But even then you can have "New York Champagne" due to a less strict US/EU treaty.
So when you say legally American. Is that recognized by EU/China?
Did state laws and regulations have effects that lead to the emergence (or increases) in the distilling of rye in the Eastern United States?
Hey Brian, enjoy listening to you on Bourbon Pursuit talk about your legal knowledge. What are your thoughts on the forthcoming "blended whiskey" rules? What are your thoughts on blended whiskey legal gray areas through history? How are there "bonded" whiskies in history, such as some IW Harpers, that are not 100 proof?
Thank you for doing this! Curious on your thoughts about home distillation for hobbyist becoming legal, there is a lot of myths it seems towards moonshine and home distilling for example going blind.
Wow! I need to get this for my husband. As far as a question - when did bourbon become popular overseas and how has that impacted availability of certain brands here in the States?
Poking around the blog and these seems fascinating! You mention that your focus in telling the history is by using old lawsuits to lay out the story. What were the driving themes that distillers were bringing each other to court over? Stealing of trade secrets I guess is what came immediately to mind for me, but I wouldn't want to go assuming.
Additionally, I found this entry on your blog to be great and gave me a few questions as well.
All this talk about how awfully dangerous the distillery was at that point, but what was the result of this? It looks like in many of these cases, the workers were unable to hold the employer accountable. Was this fairly common in these types of lawsuits, not just in the whiskey business but broader, industry? And what sort of reforms were implemented. Its a long way off from OSHA, certainly, but was there any changes in the laws in that period to improve worker safety, or did the distilleries themselves work to improve safety unprompted?
Finally, that piece led me on a bit of a trail to here, which opened up its own set of questions (sorry if I'm overloading you!). It sounds like the Bottled-In-Bond Act was really one of the first federal laws which sought to regulate food or drink - you mention it predating and influencing the Pure Food and Drug Act - but how was it that Whiskey was the one that had the force to be at the cutting edge here above anything else? It definitely sounds like having someone like Carlisle in your corner was a big part of it, but it still strikes me as pretty singular since there must have been any number of other industries with political connection.
Who would you say is the most interesting character you came across in your work?
We are seeing a huge boom in the bourbon demand and newly established distilleries in the past 5-10 year compared to the 70/80s glut. In light of the existing political climate (e.g. Tariffs/Brexit), have you seen these type of barriers impact the cyclical nature of supply and demand in the bourbon world?
Just about 30 minutes remaining in the Bourbon Justice AMA. Great discussion so far!
Can you talk a little about the Bottled in Bond Act and how that affected the bourbon industry?
Fuck yes, Ok so how do you fell about the Whiskey rebellion? Like do you think those farmers were justified or do you think that the tax on whiskey and corn and stuff was ok
Do you find a lot of similarities between the Prohibition of Cannabis with the Prohibition of alcohol? Care to give any insight on how you think cannabis law will shape things given what you know about bourbon?
What is your favorite Bourbon? And do you find that you always enjoy bourbons of a similar mash bill or is it something about that Bourbon in particular?
Thanks for doing this! Did the history of bourbon/whiskey in Peoria, Illinois have a big impact on any legislature; mainly the corruption (1837-1919)? Why isn't the distillery history of that town more known?
Bourbon law lol. Is there a bourbon law bar association?
Brian, thank you for doing this. I have just found this and learned of your website, sorry if these questions have already been answered elsewhere.
Is there/will there be an audio edition of the book?
Does the book go all the way back to colonial times and areas, or is it more focused on Kentucky in the era of bourbon?
Is there any hard evidence that the timber industry and coopers were behind the new barrel requirement and the 62.5% entry ABV maximum?
When did the common use of the 53ish gallon barrel come to be?
Does the book mention anything of Nathan "Nearest" Green?
When writing a book on history, how do you handle things that are more legend/oral history than well documented in court records or newspapers?
Was there anything you wanted in the book that needed to be omitted just because there was not enough evidence to substantiate it?
What was the first "modern" distillery? The first set up as we see them today with huge fermenters, column still with doubler, multilevel warehouses, in house bottling lines, etc.
Have I asked too many questions? May I ask some more?
Simple question, why would anyone drink bourbon when there are so many fine whiskeys available? Even the best of the former tastes about par with a mediocre latter .