Geographic Indications and International Trade (GIANT)

TED Case Studies
Number 712, 2003
by Suzan Herzeg, Bryan Rund and Jim Lee Tennessee Whiskey and Protection as a Geographic Indication General Information
Legal Cluster
Bio-Geographic Cluster
Trade Cluster
Environment Cluster
Other Clusters

I. Identification

1. The Issue

Tennessee Whiskey is protected under NAFTA and under WTO disciplines on the protection of geographiic indications related to wines and spirits. It has a long history.

2. Description

The method of making Tennessee Whiskey is similar to that of making Bourdon. Only pure spring water is used. It involves the sour mash fermentation process. The filtering is a charcoal mellowing process known as the "Lincoln County Process." This involves "slowly dripping the newly made whiskey through giant containers hard-packed with 10 feet of sugar maple charcoal (it must be charcoal). The process takes ten days, and during this time the whiskey absorbs the essence of the charcoal, refining the spirit and giving it a unique flavor and aroma." The liquid is then poured into white oak barrels (that have been charred on the inside) for aging. This gives the whiskey its smoky flavor and caramel color.

3. Related Cases

4. Author and Date: Suzan Herzeg, Bryan Rund and Jim Lee

II. Legal Clusters

5. Discourse and Status: Agreement and InProgress

6. Forum and Scope: US and Multilateral

7. Decision Breadth: NAFTA (3)

8. Legal Standing: Substate

III. Geographic Clusters

9. Geographic Locations

a. Geographic Domain: North America

b. Geographic Site: Eastern North America

c. Geographic Impact: USA

10. Sub-National Factors:

11. Type of Habitat: Temperate

IV. Trade Clusters

12. Type of Measure: Import Ban

13. Direct v. Indirect Impacts: Indirect

14. Relation of Trade Measure to Environmental Impact

a. Directly Related to Product: Yes, Spirits

b. Indirectly Related to Product: No

c. Not Related to Product: No

d. Related to Process: Yes, Culture

15. Trade Product Identification: Kentucky Bourbon

16. Economic Data

17. Impact of Trade Restriction: Ban

18. Industry Sector: Food (and Drink)

19. Exporters and Importers: US and many

V. Environment Clusters

20. Environmental Problem Type: Culture

21. Name, Type, and Diversity of Species: NA

22. Resource Impact and Effect: High and Regulation

23. Urgency and Lifetime: High and 100s of years

24. Substitutes: Like Products

VI. Other Factors

25. Culture: Yes

26. Trans-Boundary Issues: No

27. Rights: Yes

28. Relevant Literature

The Story of Jack Daniel - http://www.vic.com/tnchron/class/JD.htm, Jack Daniels - http://www.jackdaniels.com/allfacts.asp

11/2003