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EUROPEAN COURT CONFIRMS WHISKY DEFINITION
The European Court of Justice ruled today that a drink is not entitled to describe itself as whisky if it is bottled at less than the required minimum strength. The legal definition for whisky requires a minimum bottling strength of 40% abv (alcohol by volume).
The Scotch Whisky Association had taken proceedings against a French company over a drink called Gold River, which was diluted to 30% abv. The Association claimed the brand broke EC rules. The label described the product as a "Blended Whisky Spirit" and featured several other references to whisky, but it was below the legal minimum bottling strength for whisky.
The Association’s Director General, Mr Hugh Morison, said: "The Scotch Whisky industry is delighted with the ECJ decision. This is a vitally important ruling as it helps preserve the integrity and quality which underpins Scotch Whisky brands. Any loosening of the rules governing what can be described as whisky would have led to increased unfair competition by understrength products against genuine Scotch Whisky brands.
"The decision against Gold River sets a valuable precedent. This brand can no longer be sold as whisky. Neither will the six or so similar understrength drinks currently available in France. The decision will halt the sale of all understrength products as whisky in, or their export from, the EU."
The Scotch Whisky Association originally took action against the Gold River brand in the French courts, which passed the case to the ECJ, where the governments of the UK, Ireland, Germany, Spain and Italy all argued in support of the Association’s action.
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