Eggnog Legalese: What are You Drinking?

Tomorrow, December 24, is National Eggnog Day. While the origins of both the drink and its name are unclear, eggnog enjoys some popularity in the United States during the fall and winter seasons—although, some love it and some love to hate it.

In the United States, the Food and Drug Administration (FDA) has issued a regulation and guidance on the composition of eggnog. For instance, 21 C.F.R. §131.170 stipulates that eggnog contains specified: (1) dairy ingredients, (2) egg yolk-containing ingredients, and (3) nutritive carbohydrate sweeteners. The guidance further states that: “Eggnog is a milk product consisting of a mixture of milk or milk products of at least 6.0 percent butterfat, at least 1.0 percent egg yolk solids, sweetener, and flavoring. Emulsifier and not over 0.5 percent stabilizer may be added.” It also differentiates “eggnog” from “eggnog flavored milk,” which has lower allowances for butterfat and the other ingredients.

Interestingly, 21 C.F.R. §131.170(e)(4) only allows for “[c]olor additives that do not impart a color simulating that of egg yolk, milkfat, or butterfat.” In addition, the FDA guidance indicates that adulterated foods are not in compliance with the Federal Food, Drug, and Cosmetic Act and plainly states that: “The addition of yellow color may serve to adulterate the products under 403(b) of the Act since the use of such color would make the article appear to contain more egg yolk than it actually contains.” [For a lively take on the blatant occurrence of this “adulteration,” see Patrick Di Justo’s article here.]

In related news, Texas and some other states prohibit the sale of alcohol on Christmas day, so if you like some spike in your eggnog, plan ahead accordingly.

Further Reading

• Eggnog, the Way the Supreme Court Made It – Law.com

• A Brief History of Eggnog - Mental Floss

• Eggnog - Wikipedia

National Repeal (of Prohibition) Day, Dec. 5

Image by ArtTower from Pixabay

Tomorrow is National Repeal Day, which recognizes the end of Prohibition in the United States. Prohibition was the “legal prevention of the manufacture, sale, and transportation of alcoholic beverages in the United States from 1920 to 1933.”

Background of Prohibition

Prohibition became effective on January 17, 1920, with the Volstead Act, which implemented the 18th Amendment. The temperance movement is generally considered the impetus for Prohibition.

At first, Prohibition “worked” as “liquor consumption dropped, arrests for drunkenness fell, and the price for illegal alcohol rose higher than the average worker could afford.” However, there was a deep underground market for illegal alcohol, as evidenced by bootlegging and speakeasies. In addition, Prohibition contributed greatly to the rise of organized crime (mobs).

Enforcement of Prohibition

The Internal Revenue Service (IRS) was responsible for enforcing Prohibition under the Volstead Act. “Violations could mean fines of up to $1,000 and months behind bars.” Enforcement was encumbered by “corruption, lack of training, and underfunding.” In 1929, enforcement shifted from the IRS to the Department of Justice, which focused on organized crime in Chicago. This led to the capture and conviction of bootlegger Al Capone for tax evasion. The U.S. Coast Guard was also involved in enforcement, charged with monitoring the coastline for smuggling operations.

Repeal of Prohibition

Polls of the public suggested a significant number of people were dissatisfied with Prohibition in 1922, and this number increased dramatically by 1926. Shortly after taking office in 1929, President Hoover appointed a commission to investigate enforcement issues and a possible repeal of Prohibition. The commission recommended modifications to the 18th Amendment, but not a repeal. At the time the recommendations came out, America was in the midst of the Great Depression. Some believe that this contributed to the repeal efforts, as they thought it would “mean new jobs, business expansion and tax revenues.”

The 1932 presidential election saw Roosevelt win over Hoover in a record landslide victory, based in part on a pro-repeal platform. Congress passed a draft of the 21st Amendment to repeal prohibition in February 1933, and nine months later, enough states had ratified it for it to become law. However, states and local governments were allowed to maintain prohibition if they chose to do so. And even today, federal law prohibits production of hard liquor at home.

Further Reading - Focus on Texas

• Texas State Historical Association: Handbook of Texas - Prohibition

• Texas Almanac - Prohibition Elections in Texas

It's Election Day!

“The vote is precious. It is the most powerful non-violent tool we have in a democratic society, and we must use it.”

— Rep. John Lewis

"Someone struggled for your right to vote. Use it."

— Susan B. Anthony

Today is Election Day. If you didn’t already cast your ballot during the early voting period, this is your final chance to make your mark. To help you #makeaplan and get to the polls, we call your attention to the following online initiatives. The websites linked below are designed to increase turn-out at the polls and to ensure a positive voting experience for all of the electorate.

For your best source of voting information in Harris County (and to download a sample ballot), visit HarrisVotes.org, a service of the Harris County Clerk’s Election Division, whose commitment to S.A.F.E. voting will ensure a Secure, Accessible, Fair, and Efficient voting experience for all.