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Brother Justus disputes American single malt rules

Minnesota distillery Brother Justus has taken issue with the proofing limit included in the newly recognised American single malt guidelines.

Brother Justus says it should not need to distil its whiskey at a lower proof to meet the new regulations

Late last week, word broke that the Alcohol Trade & Tobacco Bureau (TTB) would be recognising American single malt as an official whiskey style. While most of the industry has celebrated the decision, Brother Justus Whiskey Company, located in Minneapolis, Minnesota, has released a statement in which it “fundamentally disagrees” with the ruling.

Specifically, Brother Justus takes issue with the TTB stipulation that says to be labelled American single malt, a whiskey must have a distillation proof of 160 (80% ABV) or less, citing practices in Scotland that allow for such methods. CEO Phil Steger says the distillery will not comply with the regulation.

“We will not voluntarily put our ingredients, our craft, or our flavours in this cage,” Steger said. “We are considering all of our options to preserve our product integrity and consumer choice.”

The 80% ABV maximum is in line with regulations for Bourbon.

Brother Justus believes this requirement unnecessarily stifles current and future innovation and its ongoing product quality. The brand previously submitted 20 pages of commentary opposing the 80% ABV maximum when ruling was open for public comment in 2022.

The company is exploring legal options in opposition to this ruling.

There is precedent for making exceptions to these category rules. In 2013, when Tennessee whiskey was being formally established, Pritchard’s was granted an exception from using the Lincoln County Process of charcoal mellowing on the basis of historical precedent.

Brother Justus was founded in 2014, melding Scotch and American whiskey practices with its core range of three American single malt whiskeys. Steger says the higher distillation proof allows for a more full-bodied, complex and distinctive spirit.

In 2023, Brother Justus’ cold-peated single malt whiskey was named the fourth most-innovative release of the year.

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