Hand in the Cookie Jar Dept: Ron Matusalem under scrutiny

[Capn Jimbo]

That wasn't my hand, honest Mommie...


I can now report that the TTB is now aware of Ron Matusalem's possible long time alteration of its product labeled "Rum" in accord with the founder's well promoted recipe or "secret formula" - revealed by the Court to be added prunes and vanilla.

The Department was advised of the findings of the 8th District Court of Appeals in re Matusalem's "secret formula" using macerated prunes and vanilla and/or the extracts of same, the Court's cited history of their recipe and last of RM's current website claim that “ ... the same recipe and strict standards that were developed by the company’s founders remain the foundation of Matusalem Rum.” The Deparment was also advised of the concern that such additions of flavoring materials seemed to fly in the face of the regulations for the label required for "Flavored Rum" and listing the primary flavoring.

Normally such inquiries are either not answered, or just brushed off by a typical "...thank you for your concern", canned response. Indeed, the initial response seemed exactly that:

"Thank you for contacting the Advertising, Labeling and Formulation Division. We will provide you with a response to your email inquiry within 72 hours upon receipt."

No signature, looked like a standard form reply. But to my great surprise, what appeared to be a real response ensued just a couple days later!

"Thank you for bringing this to our attention. Please allow us the opportunity to look into the specifics. Appropriate action will be taken, if necessary, after a thorough review of the COLA and the information outlined below.

Thanks again.

Teresa Knapp
Assistant Director
Advertising, Labeling and Formulation Division
Alcohol and Tobacco Tax and Trade Bureau
1310 G Street, NW, Box 12
Suite 400
Washington, DC 20005

teresa.knapp@ttb.gov
202-453-2108 Fax: 202-453-2907"

My guess is that things would have pretty much ended with the first canned response were it not for the the citation of the decision by the US 8th District - a source that as a matter of law, simply cannot be ignored. It seems this matter has been taken seriously, and by no less than an Assistant Director who promises an investigation and further response.

Still, although the concern is reasonable, the outcome is not at all predictable. For example, RM may have changed the recipe, they may claim to no longer use this formula, or may seek refuge in the Alterations clause. The Department's actions are likewise unpredictable, but it IS clear that they take the complaint seriously enough to warrant an investigation. In any event, we will no doubt be treated to a real life example of how the regulations will be interpreted for what seems a very long term addition of unlabeled flavoring additives.

Wow! Is this better than the Housewives of Alberta or what?!




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Capn's Note: I do believe that displays of public interest and concern (ie the squeaky wheel) have great value in terms of promoting a real investigation and real corrective actions, as necessary. If you support the notion that it is wrong for Matusalem to add unlabeled prune and vanilla - an email to the Assistant Director, Theresa Knapp will help: teresa.knapp@ttb.gov

[Capn Jimbo]

Let's get real folks...


Of course a lot of the stuff on "Scuttlebutt" is well, scuttlebutt. Interesting, fun, vague, wordy but not really intended to tilt the Earth's axis. But this post is! Now we have a real distiller, with a clear and undeniable history of the use of unlableled flavoring materials who is - tada! - actually being investigated by a top official of the TTB. It doesn't get more real and important than that. Honest. Here's the deal...

If you are really concerned about the unlabeled use of flavoring and additives this - this! - is your chance to make your voice heard with a TTB director who is actually investigating this. This is your chance to demonstrate that you - the public - really and truly care. This is your chance to light a fire under our regulators, to let them know we are aware of this practice, and that we don't like it.

A huge part of this decision will be how these practices are perceived by the public. If the TTB feels that the public perceives these practices as offensive and deceptive, they will tend to treat the issue more carefully and narrowly. OTOH, if they feel no one cares it may be easier for them to slide and cut the powerful distillers unwarranted slack.

It's up to you. This IS your chance. If readers don't act on this one, none of us has any business ever complaining again. Do it.

Do it.

[NCyankee]

I hadn't been to the scuttlebutt section in a little while, but I just sent her an email of support for this issue.

[Capn Jimbo]

A sad conclusion...


As you know the Department had been advised of the proven use of prune and vanilla in their products, in accord with their family recipe. The issue of course was is it proper to label such an altered product legal? As far as they would go is that this matter would be "investigated" and "appropriate actions taken".

How nice. So what happened?


They're not telling.

After some months and a couple of well-spaced follow-ups, no results or information was shared. Accordingly, I placed a phone call and left a messege. No answer. A couple weeks later, another phone call and messege left. And again, nada. Finally, I placed one last call to leave a final messege. Then the waters parted...

I got a call.

Of course I was thrilled, and after some appropriate butt-kissing exchanges - she the dedicated public servant and moi, the interested public - I asked the magic question: "I assume your investigation is complete, so what are your findings?". She responded by basicly repeating the contents of her email (above), despite my several attempts to get an answer.

Of course I pointed out the importance of the public knowing whether a product was legally labeled as "rum" if prunes and vanilla were added, or whether the label "flavored rum" was required. She deferred, citing that distillers product contents were protected as proprietary. I responded that the 8th District Court's findings had publicly revealed these additives and that they were hardly secret. I persisted stating that I wasn't interesting in their formula, only whether the label of "rum" was legal. I pointed out that thousands of TTB findings were published and in the public database. And so on. Moi - gently but persistently probing (try not to get excited now) and she - weaving and bobbing, dodging and dipping and steadfast in refusing to answer the simple question of legality of labeling RM as "rum". Finally...


A Solution was offered!

Or was it? Finally, our devoted private, er public servant relented and said (paraphrased) "...if you really want to know you can file a Freedom of Information request, to which we will respond in writing."

In other words, the public (in her words, acting as a "third party") can file a legitimate complaint, which will be investigated and appropriate actions taken, but the result - unlike the many other findings of the TTB - will not be published in the public databases.

Nope. Ron Matusalem can proceed on their merry way, perhaps (we'll never know) having either done nothing wrong, and/or cutting a deal, modifying their formula, or suffering a handslap, and/or... we'll never know short of someday seeing a label change. Or maybe not even that.

I even tried asking a the question hypothetically: "In general can a rum distiller add flavorings such prunes or vanilla to their spirit and to be labeled "rum"?". Refused. " You can file a Freedom of Information request". I even avoided asking her how hot it was in Washington that day, expecting the same...

File an FOI request. Sure.

[Hassouni]

To satisfy your curiosity, it's rainy and gross in Washington

Sooooo "family secret" - were they doing that back in the Cuban days?




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Capn's Log: Yes.

[JaRiMi]

And this proves why the rum companies don't give a toss about rules & regulations, and fake, falsify, lie and omit the truth about their product - Because largest markets like the USA and EU do not actually care about their consumers enough to enforce their own laws and regulations.

Pretty sad, I think. Money calls the shots. The only action I can think of taking is that consumers educate each other about this kind of fraud cases, and also look for some consumer party that would be interested in making a big fuss about these kind of things.

[da'rum]

A frustrating outcome so far for sure. Are you going to try the foi request?