IA Toasts New Certainty over Alcohol Taste Tests

Alcohol taste testing market research is now, definitely, legal, in California - thanks to a new law supported by the Insights Association. The legislation puts an end to what the IA calls 'years of unofficial guidance and vague legal status.'

The bill, put forward by California Assembly member Cecilia Aguiar-Curry (D-04) in April had moved through the necessary stages by September 18th, when it was signed into law by California Governor Gavin Newsom (D). Aguiar-Curry says the new law 'allows our winemakers, brewers, and distillers to better understand their consumers so they can improve their products while making sure these tastings are done responsibly, [and] levels the playing field for all beverage and food businesses while protecting California consumers.'

The uncertainty has lasted since 2009, when the California Department of Alcoholic Beverage Control (ABC) ceased issuing specific guidance, over fears that it lacked the appropriate legal authority. The IA says it applauds the bill sponsor for her efforts. Howard Fienberg, Senior VP Advocacy for the Insights Association, says the new law 'provides a reasonable solution within the existing legal structures, allowing for bona fide market research to be conducted with strict guardrails and limitations.'

The latter form a long list. For a taste testing to be conducted, licensed producers (winegrowers, manufacturers, distillers and rectifiers) are required to strictly adhere to all state, federal, and local requirements applying to furnishing or consumption of an alcoholic beverage; must employ 'a responsible person qualified by appropriate training' and aged at least 21, to administer or assist with the taste testing; participants must also be aged 21+ and must be 'encouraged to taste only enough alcoholic beverage product to formulate an opinion.' Monetary incentives are allowed but 'the alcohol itself, or anything related,' cannot be an incentive; and the [alcohol producer] 'shall not allow the same person to participate in more than three of the licensee's taste tests per year pursuant to this section.' Such tests must not be conducted on any kind of licensed premises apart from the producer's own; and finally the law stipulates that 'Data, analyses, or conclusions related to the taste testing' are prohibited from being 'used in connection with any advertising or promotional activity.'

The IA had endorsed the law, A.B. 1991, in the legislature, and had helped local insights professionals to contact their legislators, and then the governor, through the association's new Action Center.

The new law sunsets on January 1st 2032, at which point policymakers will evaluate its effectiveness: the IA notes that it 'may need to go back to the legislature to help make the arrangement more permanent.'

Web site: www.insightsassociation.org .