An effort to widen the state’s narrow definition of “Tennessee whiskey” is gaining strength, and it’s drawn in a surprising ally: the libertarian group Americans for Prosperity.
Lawmakers are debating a measure that would repeal the definition they put on the book just two years ago. The law has favored a few distillers — most notably Jack Daniel’s — while makers ranging from George Dickel to upstart micro-distillers have complained the restrictions are unfair.
This year, the Koch brothers-backed Americans for Prosperity has joined the fight to create a new definition. State director Andrew Ogles says it’s OK for lawmakers to try to define the Tennessee whiskey brand, just not in a way that cuts off competition.
“You know, when I think of Tennessee whiskey, being a Tennessee native, it just has a long history,” Ogles said. “We want to preserve that. But at the same token, we want to be sure we have an unbiased law.”
The push was given a boost last month by an opinion from the Tennessee attorney general that called the law that defines Tennessee whiskey into question. The opinion described Tennessee whiskey as essentially bourbon that’s been strained through maple charcoal, a process associated with Jack Daniel’s.
The problem isn’t the definition itself, the attorney general said. It’s a clause lawmakers included to protect one small distiller, Prichard’s, that doesn’t use that methodology.
The attorney general says the state can’t pass a law that protects just one maker.
The measure under consideration, House Bill 638, would simply repeal the definition, leaving any maker to use the description Tennessee whiskey. But lawmakers are trying to come up with a new definition to replace it before the legislative session ends.
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