Florida Alcohol Agency Withdraws Herbal Tinctures Notices

ORLANDO, FLLocal businesses that sell herbal tinctures can breath a little easier.

The Florida Division of Alcoholic Beverages and Tobacco (ABT) has rescinded notices that alleged certain stores were violating the state's alcoholic beverage laws by selling herbal tinctures, according to the American Herbal Products Association (AHPA).

APHA previously said the warnings reflected a misinterpretation of Florida law, and the association's counsel, Tony Young of the Washington, D.C.-based law firm Kleinfeld, Kaplan & Becker LLP, conveyed that message to the state agency.

"AHPA's prompt response and the Florida ABT's willingness to recognize this misunderstanding and correct it led to rapid resolution of this issue," Young said in a statement released June 12 by AHPA.

Herbal tinctures are reportedly exempt from the alcohol laws because the products are "unfit for beverage purposes."

"Most herbal tinctures have long been considered under federal alcohol tax rules to be nonbeverage products that are unfit for beverage use," AHPA stated.