'Bad Elf' Gets Green Light November 23, 2005
News Summary
Connecticut officials have approved the sale of Seriously Bad Elf beer in the state despite concerns that the name and packaging might appeal to children, the Associated Press reported Nov. 8.The beer's label depicts an elf with a slingshot shooting Christmas ornaments at Santa Claus' sleigh; another beer involved in the controversy, Warm Welcome, shows Santa coming down the chimney into a lit fireplace. Both beers are produced by Shelton Brothers of Belchertown, Mass.
The Connecticut Department of Consumer Protection initially told Shelton Brothers that both beers would be rejected because state law prohibits alcohol ads that might appeal to children; the law specifically bans ads showing Santa. But the agency later backed off because the law does not address beer labels.
Lawyers representing the beer's distributor argued that a ban would violate free-speech rights. But Edwin Rodriguez, the state's consumer-protection commissioner, said, "The constitutional issue did not come into play here. The courts have given the states total jurisdiction on how it regulates liquor within its borders. But our regulation specifically exempts labels."
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