By Hunter Hines
Christian Action League
February 11, 2021
“I scream, you scream, we all scream for liquor-infused ice cream.” NOT!!!
“What?” you might ask. “You mean alcohol-infused ice cream is something for real?” It sure is, and it’s growing in popularity.
This is why Representatives Jamie Boles (R-Moore), Tim Moffitt (R-Henderson), Pat Hurley (R-Randolph), and Shelly Willingham (D-Edgecomb) are championing a measure that would regulate alcohol consumables.
HB 11 – Regulate Alcohol Consumables is a second attempt to pass a bill (HB 1082: ABC Admin. Penalties/Alcohol Consumables) that succeeded in the House last year, but stalled in the Senate.
The measure would regulate alcohol in manufactured food products in the same manner as the type of alcohol in the product. An “alcohol consumable” would be defined as “any manufactured and packaged ice cream, ice pops, or gelatin-based food product containing at least one-half of one percent (0.5%) alcohol by volume.”
It would modify the definitions of a malt beverage, unfortified or fortified wines, and spirituous liquor to include any alcohol consumable with at least 0.5% of that type of drink. It also authorizes the ABC Commission to set standards and adopt rules for these products to sufficiently protect public health and safety. Currently, there are no such regulations.
HB 11 was scheduled to be heard last week when the House ABC Committee met for the first time this year. The bill was pulled, however, because the sponsors believed it needed further work.
According to Foodbeast.com, most of the brands and flavors of alcohol-infused ice cream “carry just a sufficient amount of alcohol to give consumers a taste of their favorite beverage without actually getting them drunk.” But this isn’t the case for all such products. Foodbeast.com says that “Tipsy Scoop” is saturated with just enough liquor “to get you nice and buzzed…one serving is the equivalent of drinking a light beer,” and if “you add the scoops up, you’ll probably have trouble counting after your fourth or fifth serving.”
In an article written by Sammy Mintzer for SpoonUniversity.com titled, Where You Can Get Drunk Off of Ice Cream, Mintzer advocates that there isn’t a better way “to mask the taste of alcohol than to pair it with delicious ice cream.” Mintzer’s piece introduces the many brands of alcoholic ice cream.
There is “BuzzBar Ice Cream.” Just the name reflects its ultimate end. “The Ice Cream Bar,” writes Mintzer, “specializes in their ‘one pint, 3 shots’ liquor ice cream, as well as craft beer ice cream.” There are pint flavors, including “the White Russian, Brandy Alexander Chip, Mojito Sorbet, and Bourbon Butter Pecan.” Each pint she says has “around 8.3%” alcohol by volume, which is more than 16 proof ice cream. Then there is SnoBar, “which offers frozen cocktail ice cream and ice pops with a full cocktail in every serving.”
“We live in different times now. We’re not shocked anymore, and too often, we fail to see how certain things have a deleterious effect on character and well-being,” said Rev. Mark Creech, executive director of the Christian Action League. “Unfortunately, we’re not as conscientious about alcohol and the havoc it can cause. If you’re the kind of person who takes alcohol-infused ice cream lightly, you may not realize it, but the times have had a negative impact on you. Alcoholic ice cream products are being sold in many places across the state and without sufficient regulation. We can’t treat alcohol like we do ice cream, which some would have us do, and we can’t treat ice cream with alcohol like we treat regular ice cream.”
Creech said that he finds it exasperating that alcohol seems to be everywhere and in everything nowadays.
“For the younger generations, to drink responsibly or respectably is hardly on their radar. Instead, it’s to drink as much as they can as fast as they can so that they can get as drunk as they can. It’s all about the party life,” said Creech.
“I scream, you scream, we all (over 21) scream for getting drunk off ice cream!” wrote Mintzer.
Creech added he knows that most people would not eat alcohol-infused ice cream to get drunk, but he said because it’s available many will, and some people can and will get hurt.
Hospitality Insurance Group asks the question, “Does Alcohol Ice Cream Need Liquor Liability Insurance?“ They rightly claim businesses today “can be liable for pretty much anything these days.”
The organization says they haven’t seen many claims against alcohol-infused ice cream at this stage. However, some of the claims they are familiar with include a woman who posted on InjuryClaimCoach.com, saying her children were served alcoholic ice cream. Later that day, both started to have stomach cramps and vomiting, and she rushed them to the Emergency Room.
There have also been “claims against a Brazilian brewer over an ad for beer-flavored ice cream that some claim could encourage children and adolescents to drink.”
Because the phenomena of alcohol-flavored ice cream is relatively new, the group asks, “who is to say more claims won’t come up down the road?”
“Who is liable if this kind of ice cream results in some tragic situation?” asked Rev. Creech. “The question of alcohol-infused ice cream is largely unaddressed in our state statutes, and it needs a careful assessment.”