Can vodka or cane spirits be sold as Scotch Whisky if coloured and flavored to look the part? This question took centre stage between The Scotch Whisky Association and Meleston Beverage CC.
The expert witness opined that she could detect fruit aromas in genuine whisky, and such aromas would form part of a complex, multi-layered flavour profile. She tasted the liquor and found that the orange, pineapple and artificial apple aroma dominated the spirit, giving it a one dimensional profile. The other elements found in whisky were absent.
The witness concluded that, considering the liquor did not actually contain whisky, and did not have the sensory attributes of whisky, it could NOT be accurately described as whisky flavoured.
Download the whole judgment here, as reported in Harms Intellectual Property Law Reports
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