Could a Kentucky beer label state '5.6% ALC./VOL.' without further explanation?
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This page answers the general question as of 1994. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
In 1994, Kentucky's Attorney General concluded that a proposed Molson beer label stating “5.6% ALC./VOL.” adequately explained its own alcohol-content disclosure under KRS 244.520. The office said the number and abbreviation communicated a factual alcohol percentage to consumers without a separate narrative definition. It distinguished that disclosure from comparative or misleading claims about the beverage's strength.
The opinion acknowledged that no Kentucky case had answered the precise labeling question and that a court might ultimately decide it. Its conclusion applied to the label as described in the request and the statute then in force.
Currency note
This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Historical summary
Beer brewers and label reviewers
The proposed label displayed “5.6% ALC./VOL.” and separately described the brewing process. The AG found the brewing description did not explain the alcohol content, but said the percentage statement itself did so adequately. It therefore considered use of the label permissible under the 1994 version of KRS 244.520.
Factual percentages and strength claims
The opinion read the statute as restricting labels that referred to alcoholic strength while allowing words or numerals about alcohol content when adequately explained. It said a factual percentage did not assert that the beer was stronger than a competing product or make a misleading strength claim.
Constitutional context and uncertainty
The AG discussed a Tenth Circuit decision concerning federal beer labeling restrictions and commercial speech, while distinguishing Kentucky's statute because it did not categorically bar adequately explained content statements. It still described the Kentucky application as a question of first impression and reserved the possibility of a later court ruling.
Common questions
Did the proposed label need a sentence explaining “5.6% ALC./VOL.”?
The AG said no. It regarded the displayed percentage as self-explanatory to consumers under KRS 244.520 as it read the statute in 1994.
Did the brewing-process description supply the needed explanation?
The AG said that description did not address the alcohol percentage. Its conclusion instead rested on the percentage statement itself.
Did the AG treat all alcohol-strength advertising as permissible?
No. It distinguished a factual content statement from comparative or misleading strength claims and addressed the particular proposed label.
Was this a settled Kentucky court rule in 1994?
No. The opinion said it had found no Kentucky case deciding the precise question and that the courts might ultimately decide it.
Background and statutory framework
The requester asked whether a beer label showing “5.6% ALC./VOL.” could be marketed in Kentucky under KRS 244.520's requirement that words or numerals likely to state alcohol content be adequately explained. The AG said the statutory purpose included preventing exaggerated strength competition, but read the adequate-explanation clause to permit factual percentages. It discussed ADOLPH COORS COMPANY vs. BENTSEN for constitutional context and gave its own opinion on the Kentucky label.
Citations and references
- KRS 244.520: Kentucky malt beverage labeling provision interpreted by the AG.
- ADOLPH COORS COMPANY vs. BENTSEN, 2F.3d 355 (10th Cir. 1993): federal labeling and commercial speech decision discussed by the AG.
Source
Original opinion text
OAG 94-50
July 18, 1994
Mr. Morton Siegel
Siegel, Moses, Schoenstadt & Webster
10 East Huron Street
Chicago, Illinois 60611-2706
Re: Alcoholic Content Label - Molson Beer
Dear Mr. Siegel:
This letter is written in response to your opinion request concerning KRS 244.520 and the matter of placing the alcoholic content of beer on the label of the beverage.
You have asked for an opinion on the following question:
Are the words and numerals regarding the alcoholic content of this label "adequately explained" within the meaning of KRS 244.520 so that this malt beverage product with this label can be marketed in Kentucky?
You have provided this office with a copy of the proposed label which shows the alcoholic content of the beverage to be "5.6% ALC./VOL.". The label also contains wording which describes and explains the brewing process.
KRS 244.520 specifically states as follows:
No licensee shall issue, publish, post or cause to be issued, published or posted any advertisement or label of malt beverage intended for sale in this state, which refers in any manner to the alcoholic strength of the malt beverage manufactured, sold or distributed by the licensee; use in any advertisement or label words or numerals likely to be considered a statement of alcoholic content, unless the words or numerals are adequately explained; or purchase, transport, sell or distribute any malt beverage advertised or labeled contrary to the provisions of this section.
The statute clearly states in its first clause that a licensee cannot place on its alcoholic beverage labels any advertisement that refers "...to the alcoholic strength of the malt beverage ..." The purpose of this prohibition is to prevent strength wars among brewers who might attempt to make outlandish claims about how strong their beer is in comparison to a competitor. The constitutional validity of such a statute has been recently addressed in the case of ADOLPH COORS COMPANY vs. BENTSEN, 2F.3d 355 (10th Cir. 1993). COORS upheld the constitutionality of such statutes as it relates to regulation of advertisements concerning the "strength" of malt beverages. However, the Court in COORS also considered the validity of a federal statute that provides that beer labels containing "statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are prohibited ..." 27 U.S.C. 205(e)(2). It was argued that the statute was intended to prevent strength wars among brewers. The court held that the prohibition on placing alcoholic content labels on malt beverages contravenes the first amendment as an unwarranted intrusion on commercial speech.
In contrast, as you have pointed out in your letter, the second clause in KRS 244.520 does not prohibit or totally ban the inclusion of the alcoholic content on the labels of malt beverages sold in Kentucky if "... the words or numerals are adequately explained;" clearly the constitutional concern expressed in COORS relative to commercial speech is not impacted by the Kentucky law because the statute does not contain an out-right ban on labels which set forth the alcoholic content if adequately explained.
In view of this, the only issue to address is your question concerning the adequacy of the explanation of the alcoholic content when one reads the label on the malt beverage bottle. As previously noted, the label reads "5.6% ALC./VOL." The label does not contain any additional narrative statement explaining this label; however, the label does generally describe the brewing process but this description does not speak to the issue of explaining the alcoholic content of the beverage. Given these facts, one must decide if the alcoholic content label of "5.6% ALC./VOL.", standing alone, adequately explains its meaning to the consumer.
The issue you raise is a question of first impression under Kentucky law. We have found no case law which answers your question. As a result, the Courts may ultimately have to decide this matter. However, it is the opinion of the Attorney General that the alcoholic content label as previously set forth herein adequately explains itself. Explanation follows.
It is apparent that the alcoholic content label is placed on the bottle for the purpose of advising the consumer of the exact alcoholic content of the malt beverage. The label does not make any false or misleading statements or claims concerning the "strength" of the beverage in comparison to other malt beverages. It (the label) merely states a fact concerning the alcoholic content of the beverage. The consumer can use this fact to decide whether or not to purchase the malt beverage with the advertised alcoholic content. With this information, the consumer may choose to purchase this particular beverage or another malt beverage with a different alcoholic content. The publication of the alcoholic content on the label serves to educate and inform the consuming public so that they can make a more informed decision concerning the alcoholic beverage which will be consumed. As a factual statement of alcoholic content it is the opinion of the Attorney General that the label adequately explains itself and that use of such label is permissible under the statute, KRS 244.520.
Sincerely,
Chris Gorman
Attorney General
Brent L. Caldwell
Deputy Attorney General
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