With increased competition battling for valuable space on liquor store shelves, producers are naturally going to innovate to catch the eye of consumers.
Many of these producers have used what I have dubbed, the ‘bourbon loophole’. So, what is the bourbon loophole? And is it a good thing?
What Is The Bourbon Loophole?
In America, the requirements to make bourbon are fairly straightforward.
- Produced in the USA
- Made from a grain mixture of at least 51% corn
- Aged in new, charred oak containers
- Distilled to no more than 160 proof
- Entered into the barrel at no more than 125 proof
- Bottled at no less than 80 proof
- Only pure water may be added
Historically, when distilleries wanted to get stronger and more unique flavors into their products we saw expressions such as Wild Turkey American Honey, the first of its kind blending their signature bourbon with honey, and Jim Beam Red Stag infusing their bourbon with cherry liqueur.
These products weren’t labeled as ‘bourbon’, but rather expressed on the label that it was ‘bourbon blended with honey’, or a ‘liqueur’ composed of bourbon and black cherry and proofed down. So, what are bourbon producers doing differently today to stand out?
It seems the laws of making bourbon are loose enough to allow for plenty of exploration in barrel finishing. A producer can take the distillate, fill it into a new charred oak barrel, and let it age for a few years to make it bourbon.
Nothing in the law stops them from then transferring that bourbon into a barrel that once held honey, cinnamon dust, apple pie, or even fish heads, and still calling it bourbon. The prerequisites are met, and all the wood interaction afterward is just window dressing. As long as it’s bottled at a minimum of 40%, it’s still a certifiable bottle of American bourbon.
A Few Examples Of The Bourbon Loophole
Only a few years ago, discovering bourbon finished in a barrel that once held a food item would have likely been almost impossible. Today, there are quite a few options out there, and the number is rising. Some examples are:
- Heritage distilling Dual Barrel, bourbon finished in vanilla extract barrel
- Widow Jane Decadence, finished in Maple Syrup barrels
- A. Smith Bowman bourbon and Gingerbread Cocoa
- Starlight Bourbon finished in Honey barrels
For many of these products, they taste about as you’d expect: bourbon with a strong primary flavor from the vessel that it was finished in. They offer a unique tasting experience. They may offer something nice to have over ice during a holiday, blended into eggnog or a cocktail, or used for cooking and grilling.
What Do Other Countries Do?
It seems the spirit of innovation in the United States is strong (forgive the pun). Countries like Scotland still keep a tight lid on obscure and non-traditional innovation when it comes to barrel finishing. Glen Moray, for example, found itself in hot water when they experimented with cider casks.
This adds a bit of charm to the shared experience of tasting whiskies, from the perspective of more of a traditionalist like myself. We can discuss flavors among a variety of scotches made by the same processes, with the same ingredients, and enjoy vastly different flavors.
Scotland’s culture is steadfast in producing traditional spirits and producers challenge each other to produce scotch of the highest quality within very tight bounds. Countries like Ireland, on the other hand, have decided to intentionally omit the use of oak in their requirements, and have a culture of encouraging the use of unique new woods, much like the work being done at Irish Distillers’ Method and Madness.
The Future Of The Bourbon Loophole
Wood specialists like Andrew Wiehebrink of Independent Stave Company have also been hard at work to create new and unique flavors through extended experimentation.
“We’re working on a way to do honey or maple but [using] different liquids. We’re working on a new method that’s more efficient, a little more potent. I can’t say a whole lot about that now,” Andrew remarked (Bourbon Pursuit podcast).
We’re likely not going to see any changes to the laws of bourbon regarding the artificial inclusion of food additives anytime soon. Producers will likely continue to experiment with casks of all types as they battle for market share.
From a product perspective, there is a silver lining here. Offering a broader array of flavors increases the likelihood of selling more whiskey against the clear spirits. Bartenders may end up taking to some of these products to craft unique and delicious cocktails, especially around the seasons and holidays given their bold flavors.
A Step Too Far?
I posit the creation of these new expressions, using food products as a go-around to creating new flavors with the ability to still call it bourbon is a net negative for the reputation bourbon has. New, young consumers could become jaded to the category as a whole from one or two bad experiences.
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