Thursday, February 18, 2021 www.nabca.org

• MS: Bill of the Day: Mississippi would consider you an adult a few years sooner • MD: Overdose-Related Deaths Increase Amid Covid-19 Pandemic • Australia: Dizzy Donkey Cloudy Apple Cider recalled due to excessive alcohol and fears it may TODAY’S explode HIGHLIGHTS • Cancer Warning Labels on Alcohol: Calls for Congress to Act (excerpt) • What’s Fair in Beer and Litigation? • How People in the Drinks Industry Maintain Their Mental Health

Dear Members and Valued Customers, New on NABCA’s website: We have recently been made aware of phishing The Collection: An Alcohol Research Summary attempts by third parties purporting to act on (formerly Annotated Bibliography) A comprehensive behalf of NABCA. Please be aware that NABCA overview of the latest scientific evidence on important does not utilize any third-party companies to topics related to alcohol policy. generate sales—and we have not authorized any Sharing Solutions E-Newsletter! A platform for the third-party marketing company to act on our NABCA community to share successful implement- behalf in relation to our data. tations and lessons learned about your good work. While it is too early to tell if this is part of an industry-wide scam, we have heard concerns from other associations currently dealing with Job Opportunity similar types of sales fraud. If you have received Position: Director, Department of Alcohol Beverage any suspicious emails relating to NABCA, please Services, Montgomery Co. let us know by contacting For More Details – Copy/Paste URL Link: [email protected] (https://www.montgomerycountymd.gov/HR/Resourc We greatly appreciate our partnership with you es/Files/Staffing/OpenPositions/ABS_Director_Brochur and apologize in advance for any delays this may e.pdf). have caused. If you have any additional questions, our line is always open. TTB NEWS Kind Regards, You can now find all of TTB’s COVID-19-related news NABCA Communications Department and guidance in a single location.

NABCA NEWS ADDITIONAL LINKS Visit NABCA’s COVID-19 Resource page for updates regarding policy changes that effect on- and off-premise Visit NABCA’s website for information on: retail operations. • Control State Agency Information Visit NABCA’s COVID-19 Resource page for updates • Doing Business in Control States regarding policy changes that effect on- and off-premise • NABCA News retail operations.

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CONTROL STATE NEWS a 16.9 percent increase nationally in reported fatalities from all types of drugs between May 2019 MS: Bill of the Day: Mississippi would consider you and May 2020. an adult a few years sooner “We must not forget that we have been successful in Y’all Politics flattening the opioid curve in our state before,” said By Sarah Ulmer Steve Schuh, executive director of the Opioid February 17, 2021 Operational Command Center. “That experience provided us with an entire inventory of programs that A bill offered by Senator DeBar would change the age we are adapting to our new realities.” of minority in the state from 21 to 18. That means when the term “infant” shows up in legislation it is The governor’s administration released the Maryland applied to those individuals from age zero to 18. COVID-19 Inter-Agency Overdose Action Plan in June to combat the opioid crisis amidst the coronavirus In SB 2355, it would change the age which is currently pandemic. set at 21. This would still apply for things like the purchase of alcohol but would allow those 18 and up Economic stress, high unemployment rates, social to serve on a jury. isolation, as well as disrupted treatment and recovery systems due to the pandemic are risk factors for poor The bill reads: health, including substance abuse. The term “infant,” when used in any statute, shall The administration is using grants, increasing access include any person, male or female, under * * * to telehealth services and mailing naloxone, a life- eighteen (18) years of age, except where another saving opioid antidote. section specifically provides otherwise. SECTION 2. Section 1-3-27, Mississippi Code of 1972, is amended “I am confident that, by maintaining our focus on as follows: 1-3-27. The term “minor,” when used in existing programs and reinforcing our efforts to assist any statute, shall include any person, male or female, vulnerable populations, we can once again turn the under * * * eighteen (18) years of age, except where tide on substance misuse in the state,” Gov. Larry another section specifically provides otherwise. Hogan, R, said in a press release by the Opioid Operational Command Center. The bill has passed the Senate and headed to the House. The Opioid Operational Command Center reported that from January until September 2020, opioid- LICENSE STATE NEWS related deaths increased by 15.8 percent among non- Hispanic Whites and 13.1 percent among non- MD: Overdose-Related Deaths Increase Amid Hispanic Blacks, while Hispanics saw an increase of Covid-19 Pandemic 27.3 percent. Drug and alcohol related fatalities in Maryland have increased since the pandemic, and minority communities The Opioid Operational Command Center also were hit the hardest, according to a recent report. reported they are not yet sure whether the disparities are due solely to COVID-19 or are part of a more U.S. News lasting trend. By Associated Press, Wire Service Content February 17, 2021 Minority groups can be particularly affected by social isolation, loss of work and health insurance and Between January and September of 2020, there were housing, and even a stigma around wearing a mask, 2,025 unintentional intoxication deaths involving all according to the CDC types of drugs and alcohol in Maryland, a 12.1 percent increase from the same period in 2019, according to “There are so many inequities that our community a report from the state’s Opioid Operational was already facing prior to the pandemic,” Dr. Command Center. Michelle LaRue, the director of Health and Human Services at CASA, told Capital News Service. “The Maryland is not alone in its increase in overdose pandemic has not created any new inequities, but it fatalities, as the Centers for Disease Control reported has actually exacerbated those issues.” 3

Many Hispanic people are also frontline workers, and School of Social Work— enhancement of Maryland’s there is added stress in going to work and potentially crisis helpline, “Call 211, Press 1” exposing yourself or your loved ones to the virus, according to LaRue. INTERNATIONAL NEWS LaRue also speculated that the mental strain that the Australia: Dizzy Donkey Cloudy Apple Cider recalled inequities can cause for the Latino community could due to excessive alcohol and fears it may explode explain the increase in overdose fatalities for Hispanic people. News 7 By Amy Sinclair Lt. Gov. Boyd K. Rutherford, R, stated that addressing February 18, 2021 the opioid issues within minorities is one of the administration’s highest priorities. A popular cider has been recalled due to two serious issues. “We are using new and existing initiatives to help us make the most of our efforts in these communities by Various packs of Dizzy Donkey Cloudy Apple Cider delivering assistance in more efficient, strategic have been pulled from shelves at liquor stores across ways,” Rutherford said in a press release by the South Australia. Opioid Operational Command Center. Prancing Pony Pty Ltd is conducting the recall due to Rutherford formed a racial disparities workgroup the product potentially containing more alcohol than under the Inter-Agency Heroin and Opioid the level listed on the can. Coordinating Council that will study the disparities There are fears the cans may “rupture”, due to and develop policy recommendations to address secondary fermentation, and potentially cause injury. them. Cider recall The workgroup will include stakeholders from state and local governments as well as community The recalled ciders are: organizations. • Dizzy Donkey Cloudy Apple Cider 375ml - four- The report also announced a $3.5 million grant to the pack Center for Urban Health Equity at Morgan State • Dizzy Donkey Cloudy Apple Cider 375ml - University to identify and address a variety of health included in mixed six-pack disparities and issues. • Dizzy Donkey Cloudy Apple Cider 375ml - 24-pack The Opioid Operational Command Center also provided $9.6 million in grant awards this summer “Prancing Pony Pty Ltd is conducting a recall of their through its fiscal year 2021 Block Grant and Dizzy Donkey Cloudy Apple Cider 375ml,” Food Competitive Grant program. Standards Australia said. The grants support several organizations that will “The product has been available for sale individually, work with underserved communities in particular, as a four-pack, as a 24-pack and as part of a mixed six- and there will be a focus on understanding and pack. building trust with communities to “encourage “The products have been available for sale at on treatment and recovery.” premise venues, online liquor retailers and Maryland also received a federal grant of almost $51 Cellarbrations stores in SA. million through the State Opioid Response II program “The recall is due to potential for alcohol to exceed which, according to the report, will be used for marked alcohol content and possibility for can to various initiatives including: rupture due to a secondary fermentation. — an increase in behavioral health services for youth “Food products containing excess alcohol and and young adults carbonation may cause illness/injury if consumed. — an expansion of the behavioral health workforce Consumers should not drink or open this product, and through partnerships with historically Black colleges should dispose of it safely.” and universities and the University of Maryland 4

Nigeria: Alcohol use is worryingly high among We found that about a third of the respondents were Nigerian students: here’s who is most at risk users of alcohol and about 9% were dependent on it. The pattern of alcohol use differed significantly across The Conversation By Samson Femi Agberotimi, Postdoctoral Research age groups and locations. And students who Fellow, Northwest University perceived themselves as unable to handle challenges February 17, 2021 in their lives were more likely to use alcohol. Many young people drink alcohol – whether it’s out These findings are a warning for universities to pay of curiosity, ignorance, peer pressure or other close attention to students’ emotional challenges and reasons. It’s a major public health concern. make sure counselling and prevention programmes are available to them. The consequences of drinking can be physical, social and academic. Young people may put themselves at Alcohol use among Nigerian university students risk of injuries, accidents, health problems, We conducted our survey in six Nigerian federal relationship problems and poor school performance. universities, spread across the six regions. We Using alcohol also increases the risk of using other collected data from a sample of 1,173 students using substances and developing related disorders. For a structured questionnaire. young people, it’s linked to mental health disorders in later and old age. We found that about one-third (31.4%) of the respondents had used alcohol in the past 30 days. In most parts of Nigeria, there’s very little control About 16.8% of the students in our survey consumed over the sale and distribution of alcohol. It’s available alcohol at a non-risk level, while about 14.6% were in small and portable packaging and people of any age drinking in ways that put their health and well-being can buy it. It’s not uncommon for bars to be situated at risk, for example being drunk on many occasions, near schools. or engaging in risky behaviours under the influence of According to the World Health Organisation, Nigeria alcohol. ranks second on the list of African countries for heavy Our findings raised a concern about the high rate of episodic drinking. Scholarly sources have backed this alcohol use among Nigerian university students. claim. But reports on the prevalence of alcohol use among the Nigerian university student population The rate of alcohol use significantly differed across show conflicting results. They are difficult to compare geographical locations. Alcohol use was more because the studies have used difference methods predominant among students in the North East and and samples, at different locations and times. They South South region. The least alcohol consumption have also looked at the contribution of different was reported in the North West and South West. A psychological factors. This makes it harder to use the probable explanation for this difference is socio- studies to guide interventions to combat harmful cultural and religious factors and ease of access to drinking. alcohol. Alcohol is prohibited in the core part of the North West on Islamic religious grounds, but is Analysis of the world, from experts generally culturally acceptable and available in the For this reason, we surveyed a large sample of South South region. university students across six Nigerian regions. We There was no significant difference in the rate of wanted to know how prevalent alcohol use was alcohol use reported by male and female students. among students and how this differed by gender, age Unlike previous studies that reported males using and geographical location. We also examined how alcohol more than females, we found evidence of an alcohol use was related to three psychological increasing rate of alcohol use among female students. factors: self-efficacy, which refers to the belief or perceived confidence an individual has in their ability We also found a significant relationship between age to effectively manage challenges especially in a and alcohol use. Students aged 19 years reported situation that may put them at risk of mental stress, more alcohol use than those aged between 16 years depression and life purpose. and 18 years. However, the 16-18 year olds reported a higher level of problem drinking than than older students aged 19 years and above. For instance, 5 dependent level of alcohol use, which implies using It said that over 1,000 new jobs could be created by alcohol at the extent of not being able to function the 563 UK distilleries if a reduction to the tax is properly if not on alcohol, was higher for younger realised. students. 9.4% of the younger students engaged in Current spirit duty means that £28.74 is paid per litre problem drinking, compared to 7% of the older of pure alcohol, meaning that a litre bottle of 40% students. ABV vodka would face £11.50 in the tax. Students who reported symptoms of depression, and UK Spirits Alliance said 79% of firms said they want to students who said they perceived their lives as lacking hire more staff and would use money saved through meaning or purpose, reported a higher level of a duty cut towards this. alcohol use than students who didn’t report these psychological problems. This was also the case for Meanwhile, around 14% of surveyed firms said they students who reported low self-efficacy – that is, a would put money towards new product investment. feeling of being unable to handle personal issues and Nigel Mills, chief executive of the Lakes Distillery, life challenges. Our findings imply that alcohol use said: “Government support in the form of an alcohol among the student population is linked with mental duty cut would give us more capital to invest in new health challenges. It appears that alcohol is used as a staff, as we look to grow our presence and brand. coping strategy. “We export to markets all over the world, and a cut Conclusion would allow us to help encourage growth and job Our findings show that it’s important to identify and creation nationally.” help students with mental health challenges. We It comes after a 28% surge in the number of new recommend that the Nigerian university authority distilleries in 2020, as 124 more firms were set up should strengthen healthcare services for students. despite the coronavirus pandemic. The system should target students who need mental health assessments and interventions. This would A spokesman for the UK Spirits Alliance said: “Spirits translate into a reduction in alcohol and drug use as a producers up and down the UK are desperate to grow way of coping. their businesses, and it’s really encouraging to see producers are overwhelmingly supportive of Also, we recommend that all concerned stakeholders, investing even further to create new jobs. including government agencies like the National Drug Law Enforcement Agency, address problem drinking “We’re calling on the Chancellor to back spirits in the among students. Although alcohol is a legal upcoming Budget, allowing our members to hire substance, its use is associated with an array of more staff and drive further investment into our harmful consequences. iconic industry, as well as generating bigger receipts for HM Treasury.”

United Kingdom: UK distilleries urge Chancellor to PUBLIC HEALTH NEWS cut alcohol duty and spark hiring spree Cancer Warning Labels on Alcohol: Calls for Yahoo! Congress to Act (excerpt) By Henry Saker-Clark, PA City Reporter February 17, 2021 Medscape By Kristin Jenkins UK spirits firms have said they will launch a hiring February 17, 2021 spree if the Government cuts alcohol duty in next month’s Budget. At a time when Americans are drinking more alcohol than ever before, a group of health organizations is The UK Spirit Alliance trade body called on Chancellor lobbying Congress for a new cancer-specific warning Rishi Sunak to slash the duty in order to spark label to be displayed on all alcoholic beverages. investment among companies in the sector.

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The new wording would read: "WARNING: According Copy/Paste link to read the entire article. to the Surgeon General, consumption of alcoholic https://www.medscape.com/viewarticle/945954#vp_2 beverages can cause cancer, including breast and colon cancers." INDUSTRY NEWS The proposal is outlined in a Citizen Petition issued to the Treasury department's Alcohol and Tobacco Tax Tech Entrepreneurs “Shake Up” the Beverage Trade Bureau. Industry With The Acquisition of LiquorStores.com and AlcoholDelivery.com The petition was filed by three cancer organizations: the American Society of Clinical Oncology; the Presswire American Institute for Cancer Research; and Breast NEWS PROVIDED BY Atwater Brian & Co. Cancer Prevention Partners, in collaboration with the February 18, 2021 American Public Health Association, the Consumer JUPITER, FL, UNITED STATES, February 18, 2021 Federation of America, the Center for Science in the /EINPresswire.com/ -- Tech Entrepreneurs “Shake Public Interest, Alcohol Justice, and the US Alcohol Up” the Beverage Industry With The Acquisition of Policy Alliance. LiquorStores.com and AlcoholDelivery.com The current health warnings on alcohol haven't Deemed as “some of the most powerful domains in changed since Congress passed the Alcoholic the industry” LiquorStores.com anc Beverage Labeling Act of 1988. AlcoholDelivery.com were acquired last year by For 30 years, the warnings have focused on the risk of South Florida business mogul Jason Brian. Brian, 33, birth defects when alcohol is consumed during began his career in the automotive and insurance pregnancy, and the fact that alcohol can impair the marketing arena. He has developed and successfully ability to drive a car or operate machinery…"and may sold a number of tech platforms over the last decade, cause health problems." this is sure to be no different. "In light of the strong scientific evidence that Venture capitalists Scott Meier and Jeremy Howard consumption of alcohol increases the risk of cancer — joined the team in January 2021 with the vision to including cancer of the oral cavity, esophagus, larynx, help Brian accelerate the growth of LiquorStores.com pharynx, liver, stomach, colorectum, and female and AlcoholDelivery.com nationwide. breast — the agency must act decisively and report to “Since visiting the grocery store is an activity many Congress on the need for a label on alcohol stating are trying to limit, delivery services have become that consumption may increase the risk of cancer," important for both the business owner and their the petition argues. customers,” says Meier. “With success stories like "Such changes have the potential to save lives by Drizly’s $50 million capital raise in August of last year, ensuring that consumers have a more accurate followed by the proposed $1.1 billion acquisition by understanding of the link between alcohol and Uber and DoorDash’s nearly $35 billion IPO in cancer, which will empower them to better protect December, we knew we couldn’t miss out on being in their health," it adds, pointing out that fewer than on the ground floor of this project.” half of Americans identify alcohol as a cancer risk. “The alcohol delivery business also changed overnight Clinicians' Role during the pandemic,” says Howard. On-demand alcohol delivery apps saw a 300% spike in sales in Many adults have limited awareness of the cancer- early June as states and cities shut down bars and related risks of alcohol consumption, but will pay restaurants amongst Coronavirus, as reported by attention to their doctor's health recommendations, CNBC in March 2020. The average online alcohol and Farhad Islami, MD, PhD, of the American Cancer spirits order was up by over 20%. Society (ACS), told Medscape Medical News. “We’re focused on creating strategic partnerships "Clinicians could have an important role in increasing with existing platforms and local liquor stores. We are awareness of the cancer-related risks of alcohol equally excited to expand our leadership team and consumption, which could result in a reduction in alcohol-related cancer burden," he suggested. 7

continue hiring representatives to help us bring this “We’re tempted to ascribe consumer choices to the idea to life,” says Brian. ‘trend du jour,’ be it reduced calories or cutting back alcohol. But in fact, the consumption trends we’re Howard says that they will continue to expand seeing now are a complicated mix of health LiquorStores.com and AlcoholDelivery.com in the perceptions, taste and social influences, magnified by coming weeks and months. “Our business strategy is the pandemic,” explained Christian Miller, Wine simple; to build a world-class working environment, Market Council Director of Research. “Wellness where our team and consumers alike recognize us factors that are important vary person to person and best by our slogan, ‘The Who’s Who of Beer, Wine, the products that are credible depend on the and Liquor.’ attribute being stressed. The good news for wine is For all media-related inquiries, please contact that it isn’t particularly vulnerable on any one factor Atwater, Brian & Co. at 561-924-1065 or and so far, has kept its position as the alcoholic [email protected]. beverage most compatible with a wellness lifestyle in general. However, we are at the start of a very

dynamic phase in this area, and consumers are going Wine Market Council Releases Results of Study on to be bombarded with a lot of new products and the Role of Wine in a Wellness Lifestyle claims, so we need to keep an eye on this topic.” Press Release Roughly half of all beverage alcohol consumers do not Wine Industry Advisor associate alcoholic beverages with features of a February 17, 2021 wellness lifestyle. However, of those who do, two NAPA VALLEY, CA, February 16, 2020 — In partnership thirds perceive wine as an overall healthier choice with NielsenIQ, the Wine Market Council compared to hard seltzer, spirits and beer. Hard (https://winemarketcouncil.com/) just completed a seltzer does better with diet/ingredient-focused study on the role of wine in a Wellness Lifestyle. The consumers and is seen as hitting the mark for lower primary goal of the research was to better calories, carbs and sugar. Those whose wellness understand how wine is perceived as compared to concerns were focused on diet and ingredients were other beverage alcohol categories such as beer, less likely to be cutting back on hard seltzer, while spirits, and hard seltzers. Additional insights were those whose concerns were alcohol-focused were gained on the interaction between the categories, the more likely to be cutting back on spirits and less likely role of ‘dry months,’ and the importance of social hard seltzer. Core wine consumers ranked reducing circles and occasions. “As a natural, sustainable calories and artificial ingredients, and eating more product, we believe wine can be part of a Wellness plant-based foods, as higher priorities than less Lifestyle,” said Dale Stratton, Wine Market Council frequent wine consumers, who were in turn higher President. “This research was conducted to help us, than non-wine drinkers. and the wine industry we serve, understand if “NielsenIQ is pleased to partner with The Wine consumers share that perception.” Market Council on this research, as it is relevant given Three categories of wellness were defined, based on the overarching consumer trends, and timely given what consumers considered important to a healthy the ever-changing dynamics in the world today,” said lifestyle. The first and largest group is activity focused, Peggy Gsell, Client Business Partner, NielsenIQ. “Core rating exercise, stress management, and time with consumer trends that were growing before the family as most important for wellness. The second are pandemic continued to grow, and in many cases consumers whose primary focus is on diet and accelerated, throughout 2020. Health and wellness is ingredients with an orientation to reducing sugar, the number one concern among U.S. consumers and calories, and carbs. The third and smallest group is a key trend that translates into unique product includes those who are ‘alcohol-concerned,’ and offerings and marketing communication. For focus on reducing the amount of alcohol consumed or beverages specifically, we have seen several better- seek lower alcohol products. These last two groups for-you products enter the marketplace, a resurgence also value exercise and social activities but differ of low alcohol and non-alcohol offerings, and a significantly on the important factors in food and heightened transparency in ingredient claims.” beverages consumed. 8

The recent study addresses additional trends such as a Time and James Atkinson’s Drinks Adventures were alcoholic beverage consumption (decreasing overall) all still operating as normal. and the reasons for it, the leading one being the But the pages of this publication, our stablemate decline in social situations where consumers might publication The Shout and Australian Brews News drink, no doubt correlating with the pandemic. A have been blocked to the public. general dissatisfaction with drinking was the second reason for decline in consumption, while third were Bizarrely, the same has happened to the Independent factors related to dietary and eating habits. Also of Brewers Association (IBA), Lion and The Brewers note: Most consumers drink and purchase alcoholic Association even though they aren’t media beverages across multiple categories, rather than organisations. focusing the majority of their consumption on a single When contacted this morning by Beer & Brewer, the category such as beer or wine. IBA’s general manager Kylie Lethbridge wasn’t even Another finding of the research was the association aware their page had been caught up in the ban. between hard seltzer’s growth and reducing wine While the IBA does post links to news articles many of consumption, which was weak. While hard seltzer its posts promote their own events or provide picked up share from those consumers reducing wine updates to their members. consumption, overall, more wine drinkers reported “Their algorithms have obviously been so militant in increasing wine and hard seltzer than those who said their attempt to make a point to the Federal they were drinking less wine and more hard seltzer. government,” Kylie said. The big loser in this equation appears to be beer, ceding purchases to both wine and hard seltzers. “We’ll go through the appeals process. If we have to get rid of any links to news articles, so be it. But we’d be pretty adamant that our own links to events and Facebook Ban Hits Australian Beer Industry announcements would need to be reinstated. If not we’ll just ditch Facebook.” Beer and Brewer by Gifford Lee Paul Wootton, the publisher of Beer & Brewer, said: February 18, 2021 “It’s disappointing that Facebook’s decision means The Facebook pages of several groups in the we can no longer share our news articles with the Australian beer industry, including the Independent thousands of people, both here in Australia and Brewers Association and Lion, have been blocked to abroad, who follow Beer & Brewer on Facebook. the public after the social media giant’s shock “However, these recent changes do not affect our announcement today they were placing severe new other social media platforms and I’d urge our restrictions on the country’s media outlets. community of beer lovers and brewers to engage with Facebook’s move to prohibit Australian publishers, us instead on Instagram and Twitter, to subscribe to and all other users in Australia, from sharing or our newsletter and bookmark our website reading news stories on its platform comes after the www.beerandbrewer.com. Federal government’s new bargaining code, which “Rest assured, we will continue to report on the latest makes social media companies pay news outlets for beer and brewing news, and publish these stories using their content, passed through the House of along with advice and features, both in print and Representatives last night. It is expected to pass online. In that sense, nothing has changed.” through the Senate and be enacted into law by as Facebook’s bold response to the new media early as next week. bargaining code is in stark contrast to the likes of As part of Facebook’s stance in Australia, users now Google’s, with the search engine provider choosing to can’t view news sites from overseas either, with the take the reparation route for using the news content pages of Good Beer Hunting to the New York Times of Australian media companies. Google has struck, or completely void of content too. is in the midst of negotiating, a number of deals to pay At the time of writing, the Facebook pages of Australian media outlets, including $30 million Australian beer news providers The Crafty Pint, Ale of annually for the next five years to Nine Entertainment 9

Co, that publishes the Sydney Morning Herald and take the brewing reins, in the hope that his foremost The Age. passions would buoy his spirits. In a blog post today, William Easton, managing But it didn’t work, and Waddell departed on director, Facebook Australia & New Zealand, said: December 31, 2018. Despite his return to “The proposed law fundamentally misunderstands engineering, Waddell was soon asked to share his the relationship between our platform and publishers expertise with another brewery across the Twin who use it to share news content. It has left us facing Cities. BlackStack Brewing in St. Paul had been eyeing a stark choice: attempt to comply with a law that up a mixed-fermentation program, and tapped ignores the realities of this relationship, or stop Waddell for his expertise with foeder management, allowing news content on our services in Australia. blending, and yeast collection and propagation. He With a heavy heart, we are choosing the latter”. You came on board as a temporary consultant. For can read the whole blog post here. Waddell, the work was a welcome side gig and a distraction. BlackStack left much of the fine-tuning to Meanwhile, Australian craft beer magazine Froth him, so it could focus most of its attention on its well- announced today it was closing its operations after received “clean” beer. five and a half years. The degree of surprise Waddell felt when he received In an Instagram post, Froth said: “Unfortunately the a cease and desist from Wild Mind’s attorneys in May era of COVID has made the magazine harder to run, 2019 was related primarily to the fact that he had and we’ve had to wind it up. Our Summer edition is never signed a noncompete agreement, or even an currently available but we will be having a little rest employment agreement, with his former partners. He after that.” had never been otherwise barred from beer making in any capacity anywhere or at any time. In What’s Fair in Beer and Litigation? — The Role of September 2019, the accusations culminated in a Noncompetes, Nondisclosures, and Trade Secrets in verified Complaint (which was notarized but not Brewing served or filed) that contained several allegations against him, including breach of contract, fraudulent Good Beer Hunting misrepresentation, and misappropriation of trade Words by Paige Latham Didora secrets and confidential information. If Waddell did February 18, 2021 not stop consulting and blending for BlackStack, he When Mat Waddell resolved to leave Wild Mind would be sued. Artisan Ales and sell his 35% stake in the southwest The lawsuit was filed two months later. But it was not Minneapolis brewery, he says it came as a massive clear to Waddell whether Sandquist and partner Tylor personal relief. The partners he left behind, though, Johnson’s rationale was unsubstantiable, or if they were stuck without the only owner with brewing, or had the means to true legal recourse. even hospitality, experience. When he shared news of his resignation, Waddell told his now-former HOW DID WE GET HERE? associates that he was returning to his previous job in For a long time, the craft beer industry seemed more engineering, at 3M. defined by a spirit of collaboration than protec- Waddell’s unhappiness in his final months at Wild tionism. That stance was evident not only in the Mind, then a three-year-old company, was well normalization of collaboration beers, but on forums known to employees and partners, to the degree that where brewers shared tips, through stories about it was impossible to let the curtain close on even a breweries extending lab capabilities to and sharing remotely positive note. In an effort to avoid his materials with neighbors, and even via festivals based business partner Jason Sandquist, with whom his on co-brewed beers. relationship had deteriorated, he shifted his brewing Occasional exceptions to this vibe did arise, but they hours to begin as early as 4 a.m. According to were typically so rare that they remain memorable. colleagues, Waddell also rebalanced his work towards Generally, intellectual property flare-ups most often the barreling and blending aspects of the job, while stemmed not from employment matters, but from letting others—including assistant Jeremy Miller— branding: names, logos, or taglines. 10

In 2015, for instance, Michigan’s Bell’s Brewery—the Those with standing noncompetes must be given a seventh-biggest craft brewery in the country—went raise or other advantages while bound by the after consummate “little guy,” Innovation Brewing of contract. “Continued employment is not enough,” Sylva, North Carolina. The dispute arose from the fact explains Elliot Ginsburg, an attorney at Hop Law in that Bell’s had previously trademarked the slogan, Minneapolis with a background in food, beverage, “Bottling innovation since 1985.” Innovation Brewing and franchise law. argued that its name was unique from the Bell’s Nondisclosure or confidentiality agreements, tagline, and would not be confusing to customers. meanwhile, are clauses that are often contained Ultimately, Bell’s lost the dispute, with the Trademark within other employment agreements, such as those Trial and Appeals Board leaning heavily on the fact that outline wages and responsibilities. They prevent that Bell’s hadn’t used the tagline on any packaging, the employee from passing along private information, only in promotional materials. and do not impact future employment. That case had broad industry reach within a surging Noncompetes and nondisclosures are unique from market, at a time when brand recognition was one another, and complement the four tenets of climbing to the top of a brewery’s hierarchy of needs. intellectual property law: patents, copyright, Six years later, and breweries today flirt with flagrant trademarks, and trade secrets. Patents, awarded to IP violations. Beer names and labels imitate new and useful inventions, are governed by the U.S. everything from cereals and sports franchises to big Patent and Trademark Office, and the inventor must beer brands. (Even BlackStack makes a Great British apply. Trademarks, also overseen by the USPTO, were Bake-Off Berliner Weisse.) designed for consumer protection and market Closer to the Wild Mind matter, and arguably of more regulation and help distinguish brands from one importance to brewery workers, are matters of another. On the other hand, works subject to employment. While unclaimed beer names may be copyright are generally creative pieces that are hard to come by, the limiting factor in many regions displayed, reproducible, and published; the work of the country is talent. Whether that talent will take itself holds the copyright and the creator need not their skills elsewhere is the basis for noncompete apply. By and large, the legal consensus is that recipes agreements, and the knowledge they bring with them that merely list ingredients and are not a literary is the subject to nondisclosure agreements (NDAs). work—including beer recipes—are not subject to One much-discussed case occurred in 2018, when copyright. Iowa’s Toppling Goliath Brewing Co. sued its former Finally, trade secrets, the lesser-known facet of IP, are head brewer, Chris Flenker, for joining his brother’s defined by their secretive nature. They do not depend brewery, Thew Brewing Company, 100 miles away in on the presence of a noncompete agreement. Cedar Rapids. Flenker’s noncompete agreement had barred him from brewing anywhere within 150 miles Copy/Past link to read the entire article. of the popular Decorah taproom. The suit was https://www.goodbeerhunting.com/blog/whats-fair- dismissed after less than two months. in-beer-and-litigation-the-role-of-non-competes-non- disclosures-and-trade-secrets-in-brewing SIGN ON THE DOTTED LINE Broadly, a noncompete agreement places restrictions on an employee that prevents that individual from Industry Experts Help Smaller Beverage Companies participating in the same work elsewhere. Such Play with the Big Guys agreements typically define a set period of time and Wine Industry Advisor a geographical boundary for that limitation. By Press Release Designed to reduce competition within physical February 17, 2021 proximity to the business in question, noncompetes Denver, Colorado, February 17, 2021––Ahead of the undoubtedly put owners at an advantage while Curve (AOTC) launches today to help breweries and employees are restricted. However, by law, the alcoholic beverage companies “know what the big employer must give the employee something tangible guys know” when it comes to marketing and E- in return for such restrictions in order for them to commerce. With 40+ years of insider experience, the remain enforceable. At first it can be the job itself. 11

company excels in brand positioning, portfolio About Rom Van Der Zee strategy, brand and product innovation, E-commerce, As the team’s E-commerce strategist, Van Der Zee is and design. Smaller beverage companies and start- a pioneer in the online shopping environment with ups can now become bigger players without the extensive expertise in the digital start-up arena. He commitment and ongoing costs associated with hiring has a proven track record of success in strategic site a traditional marketing agency. design, innovative SEO, affiliate, referral and social Two industry mavericks, Ethan Stienstra and Dan media programs, and social media advertising Kiefer, formed Ahead of the Curve Strategy (AOTC) campaigns (using smart advertising tactics on after identifying an overlooked area of the beverage Facebook and Instagram). Van Der Zee has worked marketplace. “We know there are a lot of brewers with large and respected dotcom B2B and B2C E- making killer beers out there, but they don’t really commerce vendors, including Drizly, Instacart, know how to connect their brands with 21-30 year- Saucey, Minibar, Amazon Vendor and Seller Central, old consumers,” says Stienstra. “That’s where we the Wayfair family of brands, Hudson’s Bay Company, come in.” and more. AOTC also guides clients in allocating their budgets About Ahead of the Curve Strategy and helps them get the most value for their dollar in Ahead of the Curve is a company with roots in the the complex and ever-changing E-commerce arena. brewing and alcohol beverage industry and expertise “It’s a bit like the wild west right now, in terms of E- in brand positioning, portfolio strategy, brand and commerce in the alcoholic beverage space,” says product innovation, E-commerce, and design. For Kiefer. “Everyone is fighting to stake a claim and it can more information, please visit www.aotcstrategy.com be confusing.” About Ethan Stienstra DAILY NEWS For companies wanting to make sure their liquid How People in the Drinks Industry Maintain Their “labors of love” get into the hands of thirsty Mental Health customers (and make money doing it), Ahead of the We asked dozens of bar professionals about their wellness Curve Strategy is the perfect partner. plans for 2021 Stienstra has a proven track record of success with Inside Hook iconic companies like Craft Brew Alliance, By Kirk Miller MolsonCoors and New Belgium Brewing Company. February 17, 2021 One of his signature achievements was bringing the Blue Moon orange garnish and ritual to life which “How do you handle working through a pandemic on helped fuel the brand to the #1 selling spot in Craft $2.17 an hour, plus the generosity of others?” beer. This led to his tenure as the Brand Manager of That’s a question Elijah Finn had throughout 2020. Innovation for Craft Brands and Imports at Last year the 24-year-old bar manager at Courthaus MolsonCoors. Stienstra also spent six years at New Social in Arlington, VA, went from the daily stresses of Belgium as Director of Innovation and Specialty working in the hospitality industry to the added Brands where he successfully re-imagined New pressures and financial hardships of not working, as Belgium’s portfolio and market approach. well as navigating the new restrictions, rules and About Dan Kiefer workplace dangers that abounded as Covid-19 continued to spread. A Creative with experience on the agency and brewery sides, Kiefer is an alcohol beverage industry “Thankfully, most of us were able to adapt, evolve marketing expert. He has worked on various and survive,” says Finn. “But mentally there was international, national and small breweries/brands always this dark cloud over our heads.” with a focus on design for retail, E-commerce and Given the unique nature of what drinks professionals social media. The “Artfully Crafted” campaign by Blue do for a living — and the unique challenges they face Moon is likely his most iconic brand work, and Wild Basin. 12

both daily and in the face of the continuing pandemic evening and often at bars. This year all of that — we wanted to see how people in the industry were disappeared, and I know many friends and colleagues coping. So we asked bartenders, distillery owners, that were left without the resources they needed and brand ambassadors, restaurateurs, publicists and without the support networks they relied on,” says drinks-related business owners how they’ve stayed James Simpson, the Beverage Manager for Espita & mentally healthy. Las Gemelas Cocina Mexicana in Washington, D.C. Even before the pandemic, there were challenges And when things did open up, the stress was with wellness magnified by the workplace. “Working for tips is a broken, racist system. And when we returned to work Working in the drinks industry means “the constant during a global pandemic and risked our health in need to be on the go and never being able to catch a order to serve others, being under tipped or not breath,” explains Téa Ivanovic, the Director of tipped through that experience was one of the most Communications and Outreach at Immigrant Food, a difficult things I personally experienced for my mental “gastro-advocacy” restaurant in Washington, D.C. health,” admits Alex Jump, the Head Bartender at “Unfortunately, many of us forego our own needs so Death & Company Denver (and a Co-Founder of Focus that we can cater to the customers’ desires. That on Health). comes at a certain cost for us.” And for those in the industry who weren’t serving Talk to anyone in the industry, particularly on the food or drinks, they faced economic hardships of their service side, and you’ll hear similar thoughts. own. “We were a relatively unknown product before Mistreatment and verbal abuse by guests, toxic work COVID-19, and people tend to taste a product like environments, unsocialable hours, lack of health ours in a bar or a restaurant and then buy it at a liquor insurance, financial uncertainty, lack of holidays or store, not the other way around,” explains Paul weekends (or even daylight) and, for better or worse, Pirner, COO of the Minneapolis-based Hairless Dog ready access to self-medication. “It’s not unusual for Brewing. “We had to shift all our resources from bar- someone in our industry to drink alone or every day, restaurant to e-commerce, immediately.” and warning signs are much harder to spot until we’re really in trouble,” says Mathew Woodburn- The good news is that the industry did adapt: Bars and Simmonds, the Head Sommelier at a Michelin-star restaurants went virtual with classes, Zoom-led wine restaurant in Scotland. nights and more. There were to-go drinks, pop-up events and a shift to delivery and outdoor dining; And getting help isn’t always encouraged. meanwhile, businesses doubled down on their online “Unfortunately, I believe that for a very long time presence and direct-to-consumer business. taking care of ourselves was frowned upon,” explains Lauren Paylor, the owner and Co-Founder of Focus On How people in the drinks industry faced their stress Health, a health-and-wellness resource center for the Given the challenges of the industry before and hospitality industry (Paylor is also a Seedlip Brand during Covid, some bar professionals have looked Ambassador, Safe Bars Trainer and Speed Rack Social outside their profession for mental clarity. Media Coordinator). “In the hospitality industry we are constantly taking care of guests and others, and “I’ve encouraged my staff to get outside, set personal we often put ourselves last. Time off, balanced meals, and professional goals, continue to connect with and our mental health are an after-thought. But friends and family, gain a new hobby, stay active both hospitality starts with taking care of yourself.” mentally and physically, says Meghan Lee, the owner of Heirloom Restaurant in Lewes, DE.. “My team isn’t And this is all before Covid. strong and at their best in the restaurant unless they The unique challenges of 2020 are [strong and at their best] at home and in their personal lives. I think the pandemic has put that in It was an “unrelenting” year, as Ivanovoic noted, with perspective.” emergency shutdowns, dining restrictions and a lack of social interaction. Exercise and getting outdoors were other healthy pursuits suggested to me by the over two dozen “The hospitality industry has support networks drinks professionals I spoke with. “I exercise as much centered on face-to-face interaction, often late in the as possible. I spent every spare moment I could 13

surfing, swimming, bodysurfing or just being near the a mass meditation movement that “brings people ocean,” says Adam Warren, Vice President of together to share quiet” and slow down. Marketing, Saint Archer Brewing Co. “And for the “[Before] I was experiencing pretty debilitating days that I wasn’t happening, I was running up my hill anxiety and panic attacks. In navigating the challenges or killing myself with burpees in the garage. Keeping to my personal mental health and wellbeing, I found my head clear with lots of exercise helped me to stay meditation,” says Israel, who pivoted The Big Quiet as sane as possible. toward virtual meditation courses and a collaborative “My cofounder Nora and I moved to Vermont from series with Knob Creek called The Bourbon Reflection. Brooklyn shortly before the pandemic started, and (One of Israel’s suggestions, which works across any that choice has done wonders for our overall well industry, is to shut off your phone at night and not being,” says Adam Polonski, co-founders of Lost turn it on before you do anything the next day before Lantern, an independent American Whiskey bottler. meditating or some moments of self-reflection). “Between limiting our whiskey tasting and the easy Some mental health resources for both drinks pros access to the outdoors, I’ve lost around 20 pounds and people outside the industry since the pandemic started and I’m in far better shape.” In talking with drinks professionals, the following are some organizations, services, apps and educational “I always like to have a side project/mission that I can platforms that could be of great help in keeping your get sucked into that isn’t work, even if it’s related, spirits up in 2021 and beyond. studying for my WSET Diploma, or learning a language,” says Sarah Belizaire-Butler, Director of BB • Betterhelp.com: Online counseling, not industry- COMMS, a drinks-specialist PR agency. “I’m no good related to anyone if I’m not looking after myself.” • Ben’s Friends: A support group for industry And many, many others found peace of mind in professionals helping others. “We did a lot to give back to our • The Big Quiet communities,” says Finn. “We launched Cocktails for a Cause, and we got to donate to amazing • Chefs With Issues: Founded by food writer and organizations like ASPAN, NOVA Pride, Ayuda, Best journalist, Kat Kinsman, this a place for Buddies and the NAACP. And we just launched our conversation on mental health in the hospitality Drafts for a Cause, which will fundraise for a industry. multitude of amazing organizations throughout the Focus on Health year, one of those being the Suicide Prevention Alliance of Northern Virginia.” • Score: A network of volunteer, expert business mentors. “It’s free, and they understand firsthand How the industry itself faced the mental health the challenges and difficulties that we face on a challenges of 2020 daily basis. They’ve provided invaluable advice to Businesses and organizations within the hospitality keep us going and putting ourselves in a better industry have increasingly stepped up and provided space,” as Nayana Fergusion, the co-founder of resources to improve mental health. For example, the Detroit-based Anteel Tequila, told us. The United States Bartenders Guild offers up a health • Serving Those Serving (STS): Founded by a former and wellness program — you can read our story about bartender, this is an non-profit devoted to the that here. And Beam Suntory has The Blend, an social, mental and physical welfare of the industry platform “designed to engage and inspire the hospitality community bartender community” that does include some mental health features and discussion. And some Instagram wellness accounts, as suggested by Alex Jump and Lauren Paylor of Focus on Health: Knob Creek actually decided to make wellness part of an on-going campaign. The whiskey brand paired up • Laura Louise Green, Healthy Pour with Jesse Israel, a former record label executive (he (@healthy.pour) helped sign MGMT) who currently runs The Big Quiet, • Not 9 to 5 (@not9to5_) 14

• Support Staff (@pleasehustleresponsibly) Show, The Dick Cavett Show and the Dean Martin roasts. • Jessica Santiago (@fit_fab_foodie) But he was OK with that. • Erika Ancien (@ancienwellness) “Unlike John Huston, who didn’t balk at directing • Decolonizing Fitness @decolonizing_Fitness) mediocre movies for hire in order to remain bankable, • Aime Ward (@thehealthtender) Welles was heroically unwilling to compromise as a director,” writes Joseph McBride in his 2006 book • HEARD (@heard_org) Whatever Happened to ? “But he was • Khesed Wellness (@khesedwellness) willing to do almost anything as an actor/personality.”

Especially if it would make him money he could toss How Orson Welles Became the Most Infamous back into the financing of his perpetually stalled films. Pitchman in Booze History In fact, Welles had done commercials even back when The filmmaking giant was uncompromising behind the camera. But in front of it, his shamelessness knew no he still a viable talent, announcing radio spots for Pan bounds. American Airlines and Lady Esther cosmetics in the 1930s and early 1940s. And that would eventually Inside Hook lead to him becoming a TV pitchman, starting as early By Aaron Goldfarb as 1969 with voiceover work for Eastern Airlines. February 17, 2021 By 1970 Welles had started appearing in British 2020 was a pretty big year on the internet for Orson commercials for chilled peas for the Swedish frozen Welles, the legendary auteur behind food brand Findus (spots that would eventually who has been dead since 1985. In the summer, as become infamous themselves). But it’s his work with protests against police brutality hit a fever pitch, an alcohol brands that endures as part of his towering old radio clip from 1946 went viral where Welles legacy to this day. passionately denounced the police beating of black man Isaac Woodard. In November, Netflix released As early as 1945 he had done a radio spot for Cresta David Fincher’s latest film Mank, an examination of Blanca Wines. By 1972 he was doing print work with who actually wrote Citizen Kane. Then in December, Jim Beam bourbon. By 1975 he was hawking the New Yorker’s Richard Brody detailed the exciting Carlsberg Lager. That same year, he pitched Domecq discovery of Welles’s long-lost and what he called Sherry, Sandeman port (in which he portrayed their groundbreaking 1956 TV pilot, Fountain of Youth, “Sandeman Don” character) and Nikka Japanese starring Lucille Ball. Whiskey, which were a huge hit overseas. But the biggest news for Welles in 2020 was surely the “Welles was riding a crest of popularity in Japan as the 40th anniversary of the drunken outtakes from a Paul Nikka ads started airing in 1975,” claims Robert Kroll, Masson champagne commercial. Something LitHub’s an English professor at St. Clair County Community Dan Sheehan called, only half-jokingly, College who is currently writing a book about Orson “unquestionably, the most significant cultural Welles’s life in commercials. The Nikka campaign was milestone of 2020.” At the least, it provides timed with a Japanese re-release of Welles’s The undeniable proof that Welles remains truly the Third Man and even featured the movie’s score in greatest booze pitchman of all time. some of the commercials. By the 1970s, Welles was earning around $15,000 a day (around $75,000 in Welles had always struggled to get his projects today’s numbers) for his TV spots, according to Josh financed, but by the late 1970s he was doing Karp’s Orson Welles’s Last Movie. particularly poorly. His most recent directorial effort — which, little did he know, would be the final “It’s the most innocent form of whoring I know,” directorial credit of his career — was for Filming Welles often claimed — and, like many things, he was Othello, a little-seen documentary that only aired on good at it. West German TV in 1978. He hadn’t had a theatrical Welles’s immense fame, even more immense feature since 1968’s The Immortal Story and was now physical presence (6’2” and over 350 pounds) and more famous as a guest on talk shows like The Tonight 15

melodious baritone register added a certain gravitas wine here. You haven’t got the presumption to to everything he touched, whether a Walt Disney compare it to a Stradivarius violin. It’s odious.” World commercial or a trailer for Revenge of the Those who worked with Welles on these spots, like Nerds. In fact, TV critic Tom Shales claimed Welles’s Annarino, have admitted that working with the film voice was so good, and so many people wanted to use titan was “no picnic.” He would insult his directors, it for commercial enterprise, that it “was virtually criticize the screenplays and treat the extras like considered a national resource.” garbage (“I wouldn’t have these people at a party at One of those companies was Paul Masson, a my house,” Welles claimed during one Paul Masson California winery since 1892, that by 1978 was seen spot meant to be at a soiree he was hosting). Yet, by drinkers as making a particularly low-end sparkling despite Welles’s often surly behavior on set, Paul wine. According to McBride, the company big-wigs Masson was said to be “a very happy client.” And, why thought Welles would “provide an aura of up-market not? Sales had risen 30% during the Welles savoir faire” as they began focusing on other wines in advertising campaign. their portfolio. (The winery’s account exec, John Welles wouldn’t have returned the admiration to his Bernbach, also liked that Welles “obviously [had] the employer, however. image of a person who likes food.”) Welles was likewise eager for the work, as he was still trying to “I’ve worked for advertising agencies all my life,” finish another would-be masterpiece, The Other Side Welles claimed in Peter Biskind’s My Lunches With of the Wind, which was languishing in a European Orson. “In the old days in radio, you worked for them, vault. because they were the boss, not the network. And I have never seen more seedier, about-to-be-fired sad Though Welles anonymously wrote and directed sacks than were responsible for those Paul Masson many of his own commercials (working alongside his ads. The agency hated me, because I kept trying to longtime cameraman Gary Graver), the Paul Masson improve the copy.” spots were directed by Jim Hallowes and penned by John Annarino, who built the commercials around a If he was notoriously demanding on set, it was often slogan of “Paul Masson: We sell no wine before its in trying to improve the quality of the commercial — time.” he would rewrite lines, advise the cinematographer on how to light his face and from what angles to Playing off that theme, each ad would compare the shoot, and even show up to set with his makeup wine to a higher art form that also took several years already done. to create. The initial spot finds Welles in a thick black suit, pouring Emerald Dry white wine as he listens to Another reason he may have been so rascally on set Beethoven’s Fifth Symphony on a record player. It was due to him having in his contract that he receive was such a hit with viewers that Welles was signed to a multi-course, boozy lunch every single shoot day. a permanent contract worth $500,000 a year plus During those meals Welles usually finished off all the residuals for both television and print ads. cabernet in the room. And this is what surely led to Welles’s most famous Paul Masson spot, which today The second spot would find a costumed Welles in a is surely more known (and seen) by a younger theater dressing room discussing the production of a generation than Citizen Kane or The Magnificent fine play. Additional ads would compare the wine to Ambersons. other such lofty works as Margaret Mitchell’s Gone With the Wind. Welles didn’t always agree with the Dressed in a black suit, slightly rocking in his chair, the scripts, but he typically went along with them off-screen director yells “Action!” but Welles doesn’t eventually. However, when the execs asked him to flinch, thinking an extra standing beside him was compare Paul Masson to million-dollar Stradivarius supposed to start the scene. On the next take he violins for a spot (which was never filmed), Welles slowly slurs his line: “Aaahhhh, the … the … French … took umbrage. shhh … champagne.” He slumps in his seat, looking like he might fall over, as extras try not to giggle. “Come on, gentlemen, now really!” said Welles, as reported in Barbara Leaming’s Orson Welles: A Paul Masson eventually had no choice but to fire Biography. “You have a nice, pleasant little cheap Welles, though not because of his drunken lack of professionalism — rather, because he quit drinking! 16

An ever-so-slightly thinner Welles claimed in an higher quality versions — and the actual commercials interview he no longer indulged on snacks or Paul themselves — would appear on the video- Masson wine as he was on a diet. Thus, the winery sharing site. moved onto actor John Gielgud, whose elegant and They now have many many millions of views on slender look was more befitting the Chablis they were YouTube and have inspired countless blog posts, now pushing. influential enough to the modern-day internet to “He’s doing his butler [character], from the little even receive an entry on Know Your Meme. They’ve dwarf’s movie,” Welles cracked of Gielgud’s work in likewise been spoofed by everyone from John Candy the spots, referring to his recent hit Arthur and in the 1980s to the animated series The Critic in the mocking Gielgud’s costar, the 5’3” Dudley Moore. 1990s to the Washington DC-based “quaalude swing” Welles was clearly hurt he’d lost the gig. band The French Champagne, who named themselves after the drunken outtake. But he kept on trucking along, doing commercials for Texaco, Hayden Flour Mills, Lone Star Cement, pay- They were even mentioned in most of Welles’s per-view TV, board games and countless movie American obituaries — foreign publications were far trailers. In 1985, a few months before his death, more reverent of the great man — with Shales noting Welles was flogging Nashua photocopiers, lending that “Welles earned so much derision for his Paul them far more gravitas than they ever deserved. In Masson wine ads that nearly every major obituary the comments thread for that commercial on writer managed to tut-tut over it when he died in YouTube, users jokingly dissect it. 1985.” “He musn’t [sic] have been willing to do many takes, Of course, any Welles fan eventually realizes that all it sounded like he needed to clears his throat.” his works, big and small, are in a way about himself. And so too would scholars soon start to see that even “Hey, at least he wasn’t hawking bug spray or odor- a silly commercial campaign that he drunkenly eaters,” adds another. phoned in could be traced back to his squandered “This isn’t actually his last performance,” jokes one movie career. man. “he starred in a Commodore advert later for As McBride would note: their Amiga 1200 (bundled with Pushover and Lemmings 2: the Tribes). It was called the ‘Old Sauce “The commercial catchphrase [“We will sell no wine Collection.’” before its time”] became a joke, and a signature line for Welles himself, helping to define his personality in In actuality, however, Welles was very close to having the media as that of a hedonist who preferred to one more shot with Paul Masson. In late September dawdle over his vineyard interminably, releasing the of 1985, the Davis & Gilbert ad agency sent Welles a fruits of his labor only rarely, if ever.” letter to see if he might be interested in reviving his spokesman duties for an upcoming 1986 campaign. It would be a one-year contract for $225,000 — half of This email and any files transmitted with it are intended solely for what he had once received — and include the use of NABCA members, free-of-charge. If you do not wish to appearances across the country, something Welles receive this daily service, please respond with “UNSUBSCRIBE” in the Subject line. In addition, if there is another individual within had no interest in at his old age. At a lunch on October your company who should also be receiving this service, please 5, 1985 he told his friend Henry Jaglom that he had forward their name, title, employer, and email address to turned down the gig, for what he now called that [email protected]. Thank you for your time and “terrible wine.” attention as we continue to work to improve upon the services and benefits that we provide to our members. Please note that Six days later he would be dead. any views or opinions presented in this email are solely those of the author(s) and do not necessarily represent those of the Like Citizen Kane, however, Welles’s Paul Masson National Alcohol Beverage Control Association. spots live on in the popular consciousness. For decades, the drunken clips were a cult sensation amongst an underground community of cineastes who swapped VHS tapes. The drunken outtakes were finally uploaded to YouTube in 2009. Since then,