Shurtleff targets 'alcopops'

Utah Attorney General Mark Shurtleff told state liquor regulators Friday that makers of so-called "alcopops" are guilty of fraud because their products are marketed as hard liquor but can be sold like beer.

Plus, the attorney said, the bottled alcoholic drinks brewed like beer but flavored to taste like fruity cocktails or even spiked soda pop are contributing to an "alarming increase" in underage drinking, particularly among females.

Shurtleff asked members of the state Alcoholic Beverage Control Commission whether they want the law changed to make it clear that flavored malt beverages should no longer be treated like low-alcohol beer.

Now, Utah law allows packages of flavored malt beverages to be sold in supermarkets, convenience stores and even gas stations just like beer, as long as they contain less than 3.2 percent alcohol.

Alcoholic beverages that contain a higher percentage of alcohol, such as liquor and wine, have to be sold in state liquor stores. They are taxed at higher rates than low-alcohol beer or flavored malt beverages —13 percent, compared to $13.80 per barrel (13 gallons) for beer.

The commission, which also heard support for the beverages from representatives of the industry and the retail outlets that sell the products, took no action on the proposal but will take it up again at their next meeting, scheduled for Oct. 28.

Making the beverages available only in state liquor stores at what would be a higher cost won't impact underage drinking, said Marc Sorini, a Washington, D.C., attorney representing the Flavored Malt Beverage Coalition.

"This is something that does not lend itself to a simple legislative feel-good solution," Sorini said, suggesting that underage drinking declined nationally at the same time the popularity of flavored malt beverages increased.

Jim Olsen of the Utah Food Industry Association, which represents grocery and convenience stores, said restricting the sale of the beverages to state liquor stores would increase taxpayers' costs because of the additional warehouse and other space needed.

"It seems like an awful lot of expense and inconvenience to address a problem that may not be impacted," Olsen said. "We know it's frustrating and you want to do something that will make a real difference."

Shurtleff said the sweet drinks are intended as a gateway to hard liquor for new drinkers, especially those who are underage. He cited national statistics showing 51 percent of teenagers 17 to 18 have tried the beverages, compared to less than a quarter of adults.