Don’t mess with Texas whiskey?

Interesting article about a bourbon whiskey plastered with Texan signifiers, but apparently bottled (rather than distilled) in Texas.  The article makes several interesting advertising law-related claims: (1) sophisticated readers who examined the label in detail would be able to divine that the product was not distilled in Texas because of the absence of the key word “distilled,” (2) this is nonetheless confusing because of the ordinary meaning of “made in Texas” to those not familiar with alcohol labeling regulations and the rest of the signifiers on the bottle, and (3) anti-government-regulation types nonetheless have an interest in prohibitions on fraud, so how should they think about this?

1835 label, “come and take it!” Texas Made

HT James Milles.

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