AG rules UK drink not fit for minors

AG rules UK drink not fit for minors


By Jen Lynds
BDN Staff
AP PHOTO BY SANG TAN
Fentimans Victorian lemonade

HOULTON, Maine — The Maine Attorney General’s Office has ruled that a “botanically brewed beverage” that contains a small amount of alcohol is an imitation liquor and cannot be sold to minors in Maine.

State and local officials confirmed Thursday that Fentimans Victorian Lemonade, a product that contains less than 0.5 percent alcohol, falls under the category of “imitation liquor,” and cannot be sold to anyone under 21 years of age. By contrast, a typical American beer usually contains about 5 percent alcohol.

Officials from the Aroostook Substance Abuse Prevention Coalition (ASAP) and the Maine Alliance to Prevent Substance Abuse (MAPSA) have maintained that the beverage should be classified as imitation liquor since learning that a Houlton High School student brought a bottle of the lemonade to school several weeks ago.

Fentimans Victorian Lemonade was created in the United Kingdom in 1905 and now is distributed in the United States.

In England, company officials said the brouhaha in Maine is much ado about nothing.

“We see it as slightly absurd,” said Tiffany McKirdy, operations director at Fentimans, a specialty brewer in northern England.

A person would need to drink about 28 bottles of the lemonade to consume the amount of alcohol found in a typical pint of beer, McKirdy said.

Under Maine law, “imitation liquor” means “any product containing less than ½ of 1 percent alcohol by volume which seeks to imitate by appearance, taste and smell of liquor or which is designed to carry the impression to the purchaser that the beverage has an alcohol content.”

Imitation liquor cannot be sold to minors or consumed by minors in Maine. A minor found guilty of consuming imitation liquor faces a fine of between $200 and $400. Any person who violates the law by selling it to a minor commits a civil violation and faces up to a $500 fine.

Kate Simmons, a spokeswoman for the AG’s office, said the product and the case were reviewed before a ruling was made.

According to a statement from the North American branch of the company, Fentiman’s products are “botanically brewed beverages,” and products such as the lemonade are “classified as sodas or soft drinks.”

“Naturally fermented, they contain less than 0.5 percent alcohol, so they may be enjoyed by all ages and offered by every retail outlet, restaurant, pub, hotel or ... well, anyone,” the statement reads.

While substance abuse prevention and law enforcement officials said Thursday they were pleased with the news, Greg Warwick, the president of Fentimans North America, called the ruling “disappointing.”

ASAP and MAPSA officials requested the state’s ruling last month after they learned about the Houlton High School student bringing a bottle of the lemonade to school.

The student saw the label as he was drinking and realized it said the beverage contained “not more than 0.5 percent alcohol by volume.” The student brought it to a teacher. School officials said there was no intent on the student’s part to break any school rules or state laws.

The school principal contacted the Houlton Police Department because he was not sure about the law regarding the sale of such a beverage.

Officials from the ASAP coalition and MAPSA contacted state liquor licensing officials and the state Attorney General’s Office last month to have them define exactly who can sell and who can purchase the product. The groups said the product should not be sold to people under 21 years old. Besides containing a trace amount of alcohol, the product is sold in a container resembling a beer bottle.

Jeff Austin, supervisor of liquor licensing and compliance at the state Bureau of Alcoholic Beverages and Lottery Operation’s Liquor Licensing and Inspection unit, said late Thursday afternoon that he had received the ruling from the Attorney General’s Office.

“We had a meeting today and we will be passing the information on to the public and assume the media will help with that,” he said. “The AG’s Office has decided that it fits into that [imitation liquor] category, so it cannot be sold to minors.”

Austin said stores do not have to pull the product off the shelves, but they cannot sell it to anyone under age 21.

Warwick, the president of Fentimans North America, said the beverage is made by taking ingredients such as ginger, water, sugar and yeast and fermenting it together.

“What we end up with is a product that is a mixture of less than ½ percent alcohol because of the fermentation process,” he said. “The FDA [Food and Drug Administration] has deemed this safe for all ages. There should be no restrictions on the distribution or sale of the product.”

He said that naturally occurring fermentation can leave a similar range of alcohol in beverages such as orange juice and in other products that use natural extracts.

Warwick said Thursday that he had not heard the news firsthand from the Attorney General’s Office but had heard it from several other sources.

“It is disappointing,” he said. “It is a surprise to us because this has been sold in the U.S. since around 2000 and we have never encountered this before. I have contacted the AG’s Office but have not heard back from them as to the reason why they made this decision. We have always abided by the FDA regulations, so this is dis-appointing to say the least.”

Warwick stressed the lemonade product is not marketed as imitation liquor or a nonalcoholic beverage and is not labeled as such. In fact, several Internet sites market it as “brewed soda” or “soda.”

Prices for the 9.3-ounce bottle vary from $2.25 to $3.25.

Warwick said that while the discussion about the issue is “healthy,” the labeling on the product is historical and reflects the way it was presented in the United Kingdom.

“It is a global package,” he said. “This has always been designed and marketed as a soda or soft drink.”

Warwick said he is not sure what the decision will mean for the sale of the product or its labeling in Maine.

“We will have to consider what to do,” he said, saying that he wanted more information from the Attorney General’s Office before moving forward.

Speaking on behalf of MAPSA, Melissa Boyd said Thursday the group was “very happy” with the decision.

Houlton Police Chief Butch Asselin also was pleased to hear of the decision. While he acknowledged last week that an individual would have to consume a huge quantity of the drink for it to have any effect, he said the lemonade bottle and its cap may look like one that contains an alcoholic beverage to some people.

Asselin echoed his concern about the message it sent to youth.

“It has always been my belief that it should be classified as an imitation liquor,” he said Thursday. “I appreciate the stand that the ASAP coalition and MAPSA took on this. The bottom line is, we are trying to promote a healthy lifestyle and we do not want products being marketed to youth that might affect their health. I think this was a good decision by the AG’s Office.”

The situation with the drink in Maine has made headlines in the United Kingdom with news outlets debating the situation.

The concerns raised in Maine reflect the prudishness of the devout men and women who left England in search of the new world, said Fentimans managing director Eldon Robson.

“Maine is, of course, where our puritanical forefathers went because Britain was not strict enough, and it has been said that Puritans are people who are always worried that someone, somewhere, might be having fun,” he said, adding that he found the whole flap amusing.

The Bangor Daily News conducted an unscientific poll regarding the matter when the story first broke last week. The survey asked readers if they would allow their child to drink a beverage with less than 0.5 percent alcohol content. According to the results, 80 percent of readers said they would. Many readers pointed out that products such as mouthwash and cough syrup also contain trace amounts of alcohol and are available to youth.

The controversy has raised the company’s profile in the United States, leading to a significant number of inquiries from wholesalers and consumers looking to buy its lemonade and other products.

The Associated Press contributed to this article.

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Comments
63 comments on this item

This is so ridiculous....

STOP THE PRESSES, THIS IS BIG NEWS!

Fanatics at work again!!!!!! Absolutely rediculous.

taking this to the extreme all nonpasturized fruit drinks cannot be sold to minors as natural fermentation may occur.

Finally, a break from the YES/NO on one "debate"!

This isn't ridiculous. A minor isn't supposed to have ANY alcohol in their system if they are stopped while driving. Just because lemons are fruits isn't any reason to think it's safe. All liquors , wines , and beer have either grains, fruits or plants that have been fermented.

Fruit drinks and juices are supposed to be pasteurized ,exlex94. It 's done to kill bacteria

Kids, stay off the booze. Cannabis is a healthier alternative.

I understand the company is having a hissy fit. They think we are too "puritan". Thankfully Maine is committed to keeping things above board and knows when to draw the line.

So I guess that means that they can no longer sell apple cider to anyone under 18 now also.

yeah, Rozeann, they know when to draw the line----but it's usually right under our throats.

a$$wipes! all of them!

You couldn't possibly drink enough in a short period of time in order for this to affect you. Some people are so bent on controlling everything

Anything to excess is bad for you. Kitty Dukakis was 'harmed' by cough syrup. But then again, she had to find something, she was married to a democrat.

Narurally fermented? Fermentation is fermentation, whether done in a brewery or winery or not. Sounds like it's intentional rahter than conicidental.

Well eastmainer you would have to agree with mAineAc that natural unpasteurized apple cider must now be banned as it could naturally ferment. ISo not all fruit based drinks are pasteurized which you are correct does kill bacteria.

There are far more things to worry about than people under 21 drinking a lemonade that has less than 0.5% alcohol in it. According to company, someone would have to drink 28 bottles of this lemonade to reach the same alcohol level in a PINT of beer! 28! It's impossible to do.. you would either puke of die of hyperglycemia long before you could even get the alcohol equivalent of ONE BEER!

Kids are huffing glue and aerosols, have access to any illegal drugs their sticky little fingers could ever want, can legally fill their lungs with chemicals and carcinogens at 18... and the list goes on.. and we're worried about a beverage the FDA approved for general consumption?

Still another victory for the controllers. So now we have...... no Victorian Lemonade, turns the kids into winos. Don't smoke a perfectly legal cigarette in YOUR car with junior in the back seat, gives them black lung. No sugary snacks in school... makes them all obese. Make sure junior only sees PG movies, or he will grow up to be a sex fiend. I am 53 years old and grew up in the 60's. Seat belts, smoking, sugary snacks and so on were all part of my growing up. My father smoked in the car all the time, I ate twinkies, (egad) and even, perish the thought, had a beer now and then when I was only 17. Oh no!!!!! Movies were not rated back then, of course, they didn't need to be. No one would even think of making todays movies back in those days. It seems to me that what was regulated by common sense and morality back then, needs to be regulated today. Can this mean that society today has less of these two fundamental requirements? Namely common sense and morality? You had better know it!!!! Most certainly!!!!! I don't agree with all the controls and regulations being penned today. It seems we are always looking for some way to make life safer or to curb some imagined problem. As we inject more and more government control into our everyday lives with all this nit picking legislation, we are slowly giving away the very thing that made America THE place to live. Freedom. And that means freedom to sometimes do things that are not 100% good for you or that are not pure and healthy and wholesome. This is life in a free state. The freedom of choice. Seems like our choices are either dwindling or being made for us more and more. Just my two cents.. M-A

Want to save on taxes get rid of this dept. along with all the other idiots in this State. Oh they can stay and close the light when their the last ones to leave the state......

How is all that "Change you can believe in" working out for ya'll ?

Substance abuse? Are you serious?

"Yeah man, I'm soooo wasted on this Victorian lemonade....OMG guys, .5% LIQUOR...WOOOOO! Let's go get even more wasted!"

I'm sure it'll turn children everywhere into raging alcoholics before graduating high school.

you' d better keep slush puppies away from kids too! some of the flavor bases "may contain up to 2% ethanol"

So I guess cider will be next..........

Do people in Maine just sit around and decide what to ban next?

Also, every bottled beverage looks the same. Cans of soda are identical to cans of beer. Glass bottles of soda/lemonade/tea look similar (if not exact) to bottles of beer or liquor. That is an EXTREMELY poor reason/excuse in this case

more nanny law's.hey my kids use mouth wash when are they going to make that illegal.

the tylenol i gave my son the other night has alcohol should i stop giving him that .

augusta is full of idiots.and every election we get more idiots and the one's that get re-elected become bigger idiots.

its a vicious circle.

maine can make money on fines the idiots keep sticking it to the people

There is probably more alcohol in mouthwash!!

The bottle looks more like S&OK soda than beer. Then for the Houlton Police Chief to make a statement like "The bottom line is, we are trying to promote a healthy lifestyle and we do not want products being marketed to youth that might affect their health". Give me a break! I would rather see my children drinking a natural lemonade with such a small amount of alcohol that it is classified "non-alcoholic" than drink Coke, Mountain Dew or any other soda. This sort of prudish behavior is the cause of alcoholism, not the cure! Wake up people, the Houlton police chief should spend more time worrying about opiate abuse and less about lemon ade with.05% alcohol!

This ruling will seem pretty tame compared to what's coming down the pike. When government-run health care is instituted, every aspect of our lives will be regulated and monitored...

Thank you AG for protecting us from ourselves again. Totally stupid.

Imitation liquor... what about root beer... it's brewed and says beer right on the brown bottle. Maybe the only suitable drinks for children should come in clear plastic harmful chimical exuding bottles should be sold to minors. It seems that the generation that grew up in the freedom loving 60's - 70's have become the biggest prudes of all. And it isn't just the far right wing wackos but also the left as well that is making this country into a repressive nanny state. "Victorian" lemonade should be just the ticket for the morality crowd. It seems we are in reverse instead of forward gear when it comes to social issues.

what has happened to this world, i just dont know anymore

If anyone needs any example of why this state is COMPLETELY effed,, here it is.

Heh....Heh....Heh.........A bunch of 'YAHOO'S' running the State Of Maine'.

Augusta hard at work again

What next, a $500 fine for giving your kid Nyquil? Honestly, there are a lot of things that could fall under this catagory. Cough medicines, mouthwash, and vanilla extract just to name a few. But I guess sinc ethey aren't sold in a glass bottle they are ok.

so glad i got out of maine, my tax dollars were helping these jackass's

Well, this is Maine. ANd we have tons of jealous insecure Maine rednecks, that beat up their girlfriends and wives. Whats the difference. Why not start them early, while their in high school, and let them consume 30 drinks, to get the effect of one beer!! hahahahahaha.

Better make sure that mouthwash and cough syrup are off the shelves! This is just silly. Front page news for two days! You know this 'story' has gone around the world. I find it embarassing.

I just can't believe all the nic-picking going on, oh yeah I can, you people all need to get a LIFE!!!. We are taxing our way into what now?? Could you take the mouthwash off the store selves also cause it could harm our kids too. Get over it people!!! It's not the States Job to Monitor our KIDS.. Whare are the parents???? You do your jobs!!!!

"Fentimans Victorian Lemonade was created in the United Kingdom in 1905 and now is distributed in the United States.

In England, company officials said the brouhaha in Maine is much ado about nothing.

'We see it as slightly absurd,' ”

Dear Fentimans:

Policy, and those who implement it in the USA are often more than "slightly" absurd. Try this; people referred to as "minors" in the State of Maine can sign contracts, purchase homes, engage in consensual sex, kill and die for their country, but these same people are not "responsible enough" to drink your lemonade.

You got it right...Puritans.

Shame on the suits responsible for this. We are making 'National news headlines' with this bull p@@p. When in France those cosmopolitans allow wine at meals for all.

Gawd!

Another example of tea-totalling puritanicals run amok. Give me a break! I have seen I.B.C. root beer bottles that bear a closer resemblance to beer bottles than this!! I think Fentimans North America should pursue this further...the decision is THAT stupid. These idiots that say they are doing things to "protect the children" really do go too far sometimes. Ugh!! I really hope the UK press is viewing these comment threads and gets the point that most Mainers agree with them that this is "slightly absurd"!

Anyone who would pay that price for a 9 ounce bottle of ' anything ' has too much money to waste. There are so many stupid drinks on the market, like those 2 ounce power drinks that are a rip off. Why do people buy that junk ?

An answer for you, louross---Thousands of the parents don't care if their kids drink alcohol. The kids can get it out of their parents cupboards and refridgerators.

Maybe if the lemonade company would sue the State of Maine, hit those puritanical idiots in the pocketbook, they would re-think this absurd new ruling. After all, this product was approved by the FDA as safe and fit for consumption by all. In my opinion, this new ruling constitutes "restraint of trade". Go Fentimans!!

I thought the AG was a position that required education. To get enough alcohol out of this to do equal a beer you would have to drink 23 or 25 an hour. Drinking it at a normal rate the body metabolizes this much alcohol in a few minutes. A person would have had to chugged it down and immediately blow in a breathalyzer to get any sort of a reading on this. You would get a higher reading from mouthwash 5 minutes later. How can this even be considered common sense on the part of the AG

ty his young teens shouldn't be drinking

This issue has nothing to do with the puritanical origins of the State of Maine, or the country as a whole. It has everything to do with lawsuits and (potentially) bad PR from a handful of advocacy groups (ie. MADD, etc). We've allowed ourselves to pass 'zero-tolerance' rules in an attempt to avoid making rational decisions, or allow ourselves to be open to a lawsuit.

This is the same reason why doctors participate in defensive medicine. If you order every test, regardless of probability, you can't be questions later why you may have missed something.

Well thank god the AG acted on a law enacted by the very sensible Maine Legislature...otherwise we would have kids running around with 25 to 30 bottles of lemonade stuffed under their coats...

Janet Mills - party HACK in charge of preserving the nanny state.

Mark90 wrote:

"We've allowed ourselves to pass 'zero-tolerance' rules in an attempt to avoid making rational decisions..."

I agree with you 100% but now tell me which party supports more freedom? The Republicans pass this idiocy, and the Democrats don't have the kahunas to oppose it. It's similar to world trade, the global economy, and capitalism in general, if one is opposed, they are also unrepresented.

Caller: Officer... we have a report of kids smoking weed down the street!

Police: Never mind that! We have fermented lemonade being sold to a high school student! Good thing the store is nead Dunkin Donuts... it saves me a trip!

HarryHSnyderIII - Which party is more in more in line with individual freedom? Generically I would say the Libertarian Party, but they don't win a lot of elections. As a whole, the GOP is probably better, but both parties are guilty of passing these types of laws. Most politicians want to be responsive to an issue/tragedy and say they stood up to the problem. Unfortunately the target is overshot on almost every occasion, and some other official is left to interpret the law/statute. In this example, the AG made the right call interpreting the statue on the books, but to most reasonable people, it sounds like a stupid decision. But the point needs to be made again -- the AG's job is to follow the law. The legislators are the ones who have tied his hand.

The only solution is to hold our elected officials accountable at the ballot box. We need to ask our representatives about their positions on personal freedoms, and hold them to it. Many times we lose the forest through the trees -- we asked candidates about 'gun rights' or 'abortion rights' and miss their larger philosophical position on personal freedoms.

I think we drug this subject threw the mud once too many times, let it go already, your all making me thirsty.

I grew up in the 50s/60s in a dry town up ta The County, and the alley across from the only grocery would have to have about a foot-deep layer of empty vanilla bottles hoed out a couple of times a year… which always drew tsk-tsks from the ladies of the Woman's Christian Temperance Union.

Seems like there are a lot more serious issues for our police to fret about...to spend our tax money on...but holier-than-though moralists seem to think kids are going to pay $50-60 for English Lemonade with total alcohol equal to a beer. Absurd.

I grew up in the 50s/60s in a dry town up ta The County, and the alley across from the only grocery would have to have about a foot-deep layer of empty vanilla bottles hoed out a couple of times a year… which always drew tsk-tsks from the ladies of the Woman's Christian Temperance Union.

Seems like there are a lot more serious issues for our police to fret about...to spend our tax money on...but holier-than-though moralists seem to think kids are going to pay $50-60 for English Lemonade with total alcohol equal to a beer. Absurd.

This has got to be the biggest waste of time. I'm thinking the fine folks at the AG's office should have to sit down one afternoon and drink 28 bottles of Fentimans and see what comes. Then if nothing happens, chase it back with 28 bottles of kombucha.

Perhaps we should better educate our youth in the fields of chemistry and biochemistry so the next generation will understand that fermentation occurs naturally, ever day, in our own bodies. But then again the sciences are voodoo and strictly verbotten by the puritanical prudes who want to regulate every last thing.

What next, all yeast born products should be banished from Maine? Period? No beer, no bread, no sourdough pancakes.

mainelyagony - your 7:03 post was spot-on! Why has this society constantly felt the need to "save us from ourselves"? Some of it is sheer lunacy! I'd personally like to see a one year moratorium on ANY new social laws just to let the people BREATHE again. I am so sick of the "fun" police constantly invading our freedoms! I beleive it is the # 1 problem in society today.... trying to legislate LIFE! STOP IT!!!!!!

hey little marty you changed the state ,your chest must be puffed out today

Well, people are right. Let the kiddies have free access to this stuff and they would quickly realize that drinking 28 bottles wouldn’t be fast enough. So next you would find clusters of kids in run down houses cooking down the lemonade on bent spoons, drawing up the concentrated alcohol and main lining the injections. The argument is perfectly clear, this is a gateway drug to hardcore addiction of cooked up lemonade.

Now they are all hooked, they can get methadone at the clinic and marijuana prescribed for their anxiety.

Just because your paranoid doesn’t mean people aren’t out to get you.

If only people would remember all the stupid things our legislators and public servants do during their tenure at the voting booth!

this is stupid. Must be a slow news week in Houlton. I mean come on BDN isnt there something else you can report. Lets keep this going for another two weeks. This is why your subscription keeps going down. Where is the news in this? Wait I think a dog just ate some food that had 0.5% alcohol in it, lets stop the presses and gather another big news story. This is Great Investigative Reporting.

Wow, the Maine Attorney General’s Office moved really quickly on this one. Most impressive.

I, for one, will sleep peacefully tonight knowing that our young-uns will no longer be tempted into a Godless life of drunkenness and vile debauchery by this most dangerous product.

(Your "sarcasm meters" should be registering "off the scale.")

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