KANSAN.COM / THE UNIVERSITY DAILY KANSAN / WEDNESDAY, JUNE 30, 2010 / NEWS 11 BUSINESS Tea drink kombucha pulled from shelves BY JANENE GIER jgier@kansan.com The line between being labeled a healthy tea and an alcoholic beverage is as thin as 0.1 percent. Kombucha tea, known for its health benefits, crossed the legal limit when it was found to be above 0.5 percent of alcohol by volume and was removed from Whole Foods Market shelves around the country Thursday. "Whole Foods has not released the lab data yet," said GT Dave, president and CEO of GT's Kombucha. "They indicated that the product tested slightly above 0.5 percent, which is why they were concerned of potential labeling issues." Dave said. If the kombucha products are found to contain more than 0.5 percent alcohol by volume, labels would have to show the same standard alcohol warnings found on beer, wine and liquor ALCOHOL AND TOBACCO TAX AND TRADE BUREAU GUIDANCE INFORMATION The distribution of an alcoholic beverage product that is not labeled as such misleads consumers and could cause potentially serious consequences for consumers, especially pregnant women, children, and individuals who should avoid alcohol for medical reasons - If products contain more than 0.5 percent alcohol, the producers would have to qualify, file bonds, pay federal excise taxes, file returns and maintain appropriate records Kombucha products containing at least 0.5 percent alcohol by volume are considered alcoholic beverages - Products for which the tax was not paid would be seized and forefeited If these criteria are violated, other civil and criminal liabilities could result Whole Foods is testing the content of all kombucha brands it had in inventory, Dave said. The Community Mercantile, 901 Iowa St., still carries kombucha drinks such as Millennium Products' Synergy and Kombucha and Honest Tea's Honest Kombucha, which both have labels stating the products could have up to 0.5 percent alcohol, a result of natural fermentation. Sita Mukerji, operations manager at the Community Mercantile, said she didn't find out about the recall until the day after Whole Foods recalled its stock, when people from Kansas City started calling to see if the Community Mercantile still had it in stock. "I haven't seen a lot of concern about the alcohol content, but people certainly do want to know what they're putting into their body and how it's going to affect them," Mukerji said. On GT's Synergy Kombucha Facebook page, fans of the drink have posted pictures of stockpiled Synergy bottles and ask questions such as, "Why is it I can buy a beer, but I cannot buy a kombucha?" Community Mercantile employee Rose Naughtin, a sophomore from Lawrence, said most of the Merc customers didn't even know why the recall happened. A statement issued by the Alcohol and Tobacco Tax and Trade Bureau said a product should be below 0.5 percent alcohol by volume to be marketed as a non-alcoholic beverage, according to the TTB. Mukerji said only specific batches of kombucha may have been affected. She said that all of the kombucha products met testing standards, which did not exceed the amount of alcohol indicated on the label, before being shipped. If the product exceeds that amount, it would have to be relabeled to ensure that consumers were advised that the product is an alcoholic beverage. "There were some initial concerns over slightly elevated alcohol levels with kombucha products produced by a smaller company on the east coast. We suspect there was some mishandling involved," Dave said. After shipping, Mukerji said, additional natural fermentation of the product could be the reason behind the increase in alcohol content. Emily Lysen, a Local Burger employee and Lawrence resident, said she drank about two bottles of kombucha a day. Local Burger sells a select variety of GT's Kombucha. "Key national kombucha suppliers have voluntarily withdrawn products until further notice due to concern around potential labeling issues related to slightly elevated alcohol levels in some products. After conversations with several kombucha suppliers, we share the concern and have removed all kombucha products at this time. We are passionate about this product category and are working with our vendor partners as they review these potential labeling issues and we hope for a swift resolution." "I use it to counteract increased sugar intake and to balance pH," she said. "I drink it for vinegar content and the carbonation is nice. I don't want it to end up at a liquor store in order to buy it. I'll be honest, the small alcohol and carbonation I do use to counteract a hangover." — Whole Foods spokesperson Libba Letton Lysen said she thought people would probably home brew kambucha more often now that it was harder to buy in stores. "It will probably make people buy GT's less, but a lot of people won't stop drinking it because it's so much more potent and because of how well it's made," she said. "And they do a really good job of mixing it with the fruit purees." The Community Mercantile is still carrying kombucha products because the recall was not mandated, Mukerji said. She said she thinks things should be resolved quickly. "We're just waiting for labeling to make sure it's in compliance," Mukerji said.