Lawsuit, legislation introduced to stop ‘alcopops’ targeting of teens – particularly young girls

Sweet, fruity alcoholic beverages are distilled spirits, not beer; state government must restrict sales and correct taxation

SACRAMENTO — A public interest lawsuit and legislation by a State Senator, unveiled today at the State Capitol, challenge California’s regulation of sweet, fruity alcoholic beverages, known as “alcopops,” which are particularly popular with teenage girls.

A legal action known as a writ of mandate, filed today in the Court of Appeal for the State of California, asks that state Department of Alcoholic Beverage Control (ABC) be forced to regulate the sale of alcopops as distilled spirits because the alcohol in them is distilled, not brewed. Currently, these products – typified by popular drinks like Smirnoff Ice, Mike’s Hard Lemonade and Bacardi Silver – are sold and marketed as beer.

Distilled spirits cannot be sold by retailers who only have beer-and-wine licenses, such as convenience stores, and are taxed at a much higher level.

“By allowing these products to be sold as beer all over California, the state actually contributes to underage drinking, especially among young girls, and to all the injuries and deaths, car crashes and sexual violence that are caused by underage drinking,” said Louise Renne of the San Francisco-based Public Law Group-Renne, Sloan, Holtzman and Sakai LLP, which filed the writ petition. Renne is the former elected city attorney of San Francisco.

Also today, state Sen. Carole Migden, D-San Francisco, introduced legislation that would reclassify alcopops as distilled spirits.

Last year, Gov. Arnold Schwarezenegger vetoed a measure which would have redefined “beer” in California to include alcopops. Now, the writ and legislation will ensure that the ABC enforces the law regulating the sale and taxation of alcopops as distilled spirits.

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Page 2 – Lawsuit to Stop ‘Alcopops’

James F. Mosher, an attorney and alcohol policy expert at the PIRE Center for the Study of Law and Enforcement Policy, said misclassifying alcopops as beer increases their availability to teenagers. It makes them available in approximately 15,000 additional retail outlets statewide, mostly convenience stores typically located in residential neighborhoods where young people are more likely to be present.

The misclassification allows alcopops marketers to escape network television’s ban on distilled spirits advertising. Distillers use alcopops as a means to get their brand names (such as Smirnoff Ice, Bacardi Silver, or Skyy Blue) on major television shows with large underage audiences.

What’s more, beer is taxed at 20 cents a gallon compared to $3.30 a gallon for distilled spirits. Imposing the proper tax rate will raise the price and reduce alcopops’ appeal to young people. It will also put an end to alcopops producers’ $54 million a year tax dodge.

Petitioners in the lawsuit include:

· Joan Kiley, a California resident, voter and taxpayer

· County of Alameda

· Alcohol Policy Network

· California Council on Alcohol Policy

· California Council on Alcohol Problems

· California Prevention Collaborative

· EPIC Youth Group

· National Council on Alcoholism and Drug Dependency (NCADD)

· North County Serenity House Inc.

· San Diego County Council on Alcohol Policy

· San Diego County Policy Panel on Youth Access to Alcohol

· San Dieguito Alliance for Drug Free Youth

· Vallejo Fighting Back Partnership

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