Two Sides of the CBB Legal Action
    by Steve Gale

    Who is the CBB?
    The Confederation of Belgian Brewers. This is a collective representing at least most - perhaps all - of the Belgian brewing community.

    What is the legal action?
    The members of the CBB, due to their nationality and heritage, are the only legitimate producers of Belgian beer. However, because of the newfound popularity of this ambrosia, many non-Belgian brewing companies have flattered them with imitation. Some do a wonderful job; others imitate it in name only. The CBB wants this to stop. The ultimate goal of their legal action is to require brewers to identify non-Belgian beers as Belgian-style beers. The current focal point is New Glarus Belgian Red - which the CBB wants to be labeled New Glarus Belgian-style Red. Is this splitting hairs? Is it entirely fair? And if not, exactly who is it unfair to? Until recently I had very specific thoughts regarding these questions. However a few e-mails exchanged with an exceptionally articulate Belgian beer enthusiast impacted this. It did not change my mind, but it did open it. So I present two opposing views on this subject - both mine!

    In Objection
    I'll begin with the anti-CBB viewpoint. The first fear is that such legal precedent will invite all kinds of Bedlam regarding what beers can be called. This notion is viable in only the most theoretical sense, the realistic suggestion that we Americans could no longer refer to our beers as pale ales or IPAs absurd, irrelevant and not worthy of mention.

    The real objection that I see is one of principle as the transgression the CBB strives to halt is one they themselves commit. Almost all Belgian breweries make a Pilsener, a style named specifically for the Bohemian town of its birth. Technically a Pilsner is a beer from Pilsen(Plzen) just as a Dortmunder is from Dortmund. There are also a handful of Scotch Ales produced in Belgium, most notably the imported Scotch de Silly. This style's origin is clearly Scottish, but the beer is brewed in Belgium. If adding a -style to a nationality is important enough to involve our legal system why don't they do it themselves? At face value this is a really good question - but there is an answer.

    In Its Defense
    A little while ago I had dinner at a friend's house. His wife, at his request, had purchased some Belgian beer for the occasion. After dinner he proudly presented me with the aperitif - Blue Moon Belgian White. I informed him that it is a product of the Coors Brewing Company. He was horrified and she was miffed since the label led her to believe she had bought the right thing. One can hardly blame her. The sad truth is a Belgian would seldom - if ever - fall for that kind of thing. 85% of the beer they consume is Pilsner, but they don't actually believe it is from Bohemia. In contrast, we Americans fall for deceptive packaging all the time. So perhaps the CBB's "do as I say not as I do" attitude isn't such a stretch after all. In realistic - if not technical - terms Pilsner and Scotch ales are styles, not references to origin. Therefore label information is only part of the equation, the other part is the nature of the consumer.

    Real Impact
    What makes this so tough is that when they are inaccurate in terms of national origin it's simply to name a beer, when we do it the goal is to capture market share. The Libertarian inside me says what's good for the goose is good for the gander, but the beer enthusiast wants to protect this tiny nation's interests and avoid being handed a beer whose label outshines its contents. If New Glarus Belgian Red is next to Rodenbach Red on the shelf, both are the same price but the New Glarus is 3-4 times bigger why would an uneducated but willing to learn drinker reach for the Rodenbach? Since Blue Moon Belgian White is less for a six pack than Hoegaarden is for a 4 pack which would the same consumer buy? In each case the clear answer is the inferior knock-off. Complaining about activities you do yourself bugs me, but in this situation real enthusiasts are unaffected - unless reduced market share causes good beer to be discontinued for import. Uninformed American consumers - as in the case with my friend's wife - can be tricked into buying an inauthentic product and thus loose in terms of quality. Real Belgian brewers, who can't possibly compete with with the price of cheaply produced domestic imitations, loose sales. The winner is a brewing company capitalizing off of someone else's reputation. Since it's illegal to label jeans Levis if they're not the CBB legal action makes sense. I would just feel better if, as a gesture, they would lead by example and fix their labels too.