wtf?! i may have to write a new verse of my song...kombucha, i'm gonna miss yaaa :( by Shira Golding, on Flickr

There was quite an uproar last week when Whole Foods pulled kombucha off its shelves. Those stung by the recent removal of raw milk complained that it was another “corporate sell out to fear of litigation.” Some said they weren’t surprised, that anything containing “that much” alcohol should be regulated lest we poison the kids. Others called those who have received a light buzz off a bottle of kombucha a bunch of fakers.

There was no kombucha on the shelves Wednesday when I did the shopping. I asked my local health food store (NOT a Whole Foods Market) and was referred to a website that contains a lot of good information about this issue, including regular updates and information about affected brands.

But it’s time to set the record straight. This was not a matter of litigation fear. It started when Lindsey Lohan’s SCRAM-shackle (a court-ordered device measuring alcohol content in the blood) blared an alarm on June 5 that there was alcohol in her bloodstream after the MTV Movie Awards. The actress swore she had only been drinking kombucha, and that’s what caught the attention of the grand poohbahs at Whole Foods. A corporate giant pulling a hot seller from the shelves got the Alcohol and Tobacco Tax and Trade Bureau talking to the FDA, who decided they needed to intervene.

On June 16, UNFI (United Natural Foods, Inc., a major distributor of natural, organic and specialty foods) halted the sale of kombucha products and recommended the same to their member retailers. A statement issued yesterday by the Alcohol and Tobacco Tax and Trade Bureau  (TTB) frames the issue more as a labeling problem than anything:

TTB plans to take samples of kombucha products from the marketplace and test their alcohol content in order to determine if the products are labeled in compliance with Federal law. If TTB finds alcohol beverages that are not labeled in accordance with Federal law, we will take appropriate steps to bring them into compliance. TTB will consult with FDA to ensure that the affected products comply with applicable Federal laws. If the testing results from this labeling initiative indicate potential violations of the IRC, they will be referred to the appropriate office within TTB for further investigation, as necessary.

Right now, I imagine most brands are scrambling to test and submit data, as well as working on possible label redesign. I envision the legal departments of kombucha brewers burning the midnight oil. But it doesn’t look like FDA wants to permanently remove kombucha from the marketplace just yet.

So, what will you do? Will you home brew? Give up your habit? If FDA comes back and says it’s too alcoholic for sale in grocery and health food stores, will you still buy it? Would you go to a liquor store to buy it if that is the only place you can get it?

This post is part of Fight Back Fridays, hosted by Food Renegade.

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