Misleading use of the
description “Whiskey”
Irish Whiskey is a type of whiskey and competes against
whisk(e)ys of other origins. Many countries have a
definition of whiskey to ensure consumers are not sold
inferior spirits under the description “whiskey”. The EU
definition of whiskey requires the spirit to be distilled
whole from cereals, forbids the use of neutral alcohol,
and requires ageing in wooden casks for 3 years. Any
spirit exported from the EU described as “whiskey” must
also comply with the EU definition. If the product is not
made in this manner it is contrary to EU law. It is in the
Irish Whiskey industry’s interests to ensure the reputation
of whiskey as a category is not damaged by the sale of
inferior products as “whiskey”.
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Premium Whiskey Spirit
What to do if you come
across such products
If you come across any misleading marketing of the kinds
referred to above, or you have any other concerns about
the marketing of whiskeys or whiskey-based spirits,
please contact The Irish Whiskey Association. Contact
details are provided below. In the first instance please
provide the Association with:-
Contact details:
• The name of the brand
• The wording on the label
• The names of any companies
identified on the labels
• The name and address of the
outlet where the product is being
sold
• Photographs of the display (with
date photographs were taken)
Blended by Irish Spirits Limited
Registered in Irel and
Evidence of the Method
of Marketing
It is, of course, more likely that consumers will be led to
believe a product is Irish Whiskey, if it is displayed for
sale amongst Irish Whiskeys. If that is the case with a non
Irish Whiskey please draw this to the attention of the Irish
Whiskey Association. The Irish Whiskey Association
may ask for photographs of the display, along with the
date the photographs were taken, the name and address
of the outlet, and the name of the person who took the
photographs. Equally, if you are aware of any misleading
promotional material, please pass the original to the Irish
Whiskey Association with details of where and when it
was obtained.
If the Association is not already aware of the product, it
may ask you to buy bottles and to send them unopened
(and carefully packed) to the Irish Whiskey Association
along with the original receipt relating to the purchase. It
is most important for the purpose of testing the product
or for any legal proceedings that may arise that the bottles
are not opened and that the original receipt is provided.
Your help with the vital task of protecting Irish Whiskey
will be greatly appreciated.
The Irish Whiskey Association
84/86 Lower Baggot Street
Dublin 2
T: +353 (01) 605 1653
F: +353 (01) 638 1653
E: [email protected]
Competent Authority
Department of Agriculture,
Food and Marine,
Agriculture House,
Kildare Street, Dublin 2
T: +353 (01) 607 2000
E: [email protected]
Protect
Irish Whiskey
www.irishwhiskeyassociation.ie
Overview
Irish Whiskey has been the fastest growing premium
spirit category in the world growing by 220% in the last
ten years. Irish Whiskey is a protected Geographical
Indication pursuant to (EC) Regulation 110/2008. Only
whiskey made on the Island of Ireland in accordance
with the Irish Whiskey Act, 1980 and the Irish Whiskey
Technical File may be labelled and marketed as Irish
Whiskey. The Irish Whiskey Association has been set up
to protect and promote the Irish Whiskey category.
With the category experiencing such meteoric rates
of growth comes the need to ensure that Irish Whiskey
maximizes its potential and continues to maintain high
quality standards that consumers have come to expect
from Irish Whiskey. It is a matter of crucial importance
that the reputation of Irish Whiskey is protected. The Irish
Whiskey Association devotes substantial resources to this
task every year.
However, the Irish Whiskey Association cannot visit
every market worldwide and accordingly relies on data
and information from members and their distributors to
alert them to instances of misuse so that action can be
taken. This document will give you an idea of the kind
of potential issues which the Irish Whiskey Association
would like to hear about. It is important for everyone not
to assume that the Irish Whiskey Association is already
aware of certain products which may have labelling and
marketing concerns that may infringe upon or damage the
integrity of the category.
The following is a non exhaustive list of deceptive
marketing which would damage the category and which
the Association would like to hear about.
Local spirits being passed off
as Irish Whiskey
Irish Whiskey is whiskey wholly produced in Ireland. It
may be bottled overseas but the only permitted additions
are water and, if necessary, spirit (plain) caramel to adjust
the final colour of the spirit. The use of any other form of
additive, be it sugar, flavouring or other spirit, means that
the product cannot be sold as Irish Whiskey.
There are many ways by which a spirit can be marketed
to suggest it is Irish Whiskey when it is not. The most
obvious is use of the description “Irish Whiskey” itself. If
you come across a product described as “Irish Whiskey”,
which you have any reason to suspect is not Irish Whiskey,
please let the Irish Whiskey Association know.
FINEST
PRODUCT
OF ATLANTIS
Names or devices associated
with Ireland
Rather than misuse the specific description “Irish
Whiskey”, indirect indications of Irish origin could
suggest to consumers that products are Irish Whiskey.
These may include brand names associated with Ireland
(e.g. Shamrock, Dublin Castle), surnames associated
with Ireland (e.g. Murphy, O’Connor, Mc Donnell)
iconography such figures in Irish dancing dress, Celtic
Cross and Harps or company names likely to be associated
with Ireland. The misleading use of such Irish names or
devices is not permitted.
LIN CASTLE
DUB
a
O’Me ghers
W H I S KE Y
Traditional Irish Style
Whiskey pot distilled
WHISKEY
40%vol
700ml -
Misleading references
to “Irish Whiskey”
An area of risk is that if Irish Whiskey is exported in
bulk and mixed with local spirit it could be passed
off as Irish Whiskey. If a local “whiskey” were to be
produced containing some Irish Whiskey, it would be
acceptable for reference to be made on the label to the
Irish Whiskey content as long as reference is made with
equal prominence to the presence and origin of the other
constituents. However, if reference is made to the Irish
Whiskey constituent without making clear that the product
also contains another spirit then this is not permitted.
PREMIUM WHIKSEY
BLENDED WITH IRISH
Use of the description
“Irish type”
Irish Whiskey is a protected Geographical Indication
(GI) in all EU member countries through EU Regulation
110/2008, which is directly enforceable. This protection
means that the use of descriptions such as “Irish like
whiskey”, “Irish type whiskey” and “Irish style whiskey”
are forbidden.
Packaging, point of sale
material and advertising
Even if the label on a bottle of spirits is in order, it might
still be passed off as Irish Whiskey if sold in a misleading
carton, or in conjunction with misleading advertising
material, including promotional materials. Accordingly
all packaging and promotional material must also comply
with all legislation and requirements and must not mislead
consumers.
Misleading age claims
Some whiskeys may be sold with false age claims, or
featuring numerals on their labels which are likely to be
taken by consumers as age claims. Age is determined by
the number of years the spirit has matured in the cask.
Any age statement/claim must refer only to the youngest
whiskey in the product in accordance with the laws
governing Irish Whiskey.
O’KELLY
IRISH WHISKEY
40%vol
Inclu
rs
ding whiskey of 18 yea
700ml -