Houston Chronicle Sunday

Oregon seeing red in its dispute with California winery

- By Andrew Selsky

SALEM, Ore. — Pinot noir is one of the finickiest grapes, but with proper nurturing it produces an amazing wine. Officials in Oregon and at a U.S. government agency are similarly finicky, and are stomping on a California winery's claims that it makes an Oregon pinot.

Copper Cane, a Napa Valley winery sells more pinot noir made from Oregon grapes than anyone else, and often at a lower price. That has some Oregon winemakers, who call the California version a less elevated product, seeing red.

Now, both the U.S. Alcohol and Tobacco Tax and Trade Bureau and Oregon's liquor agency have ruled that Copper Cane's labels have been improperly referencin­g Oregon wine regions. The case recalls France's mostly successful efforts to have only sparkling wine produced in its Champagne region called by that name.

At stake is a multibilli­ondollar industry, and Oregon's reputation for producing a delicate pinot noir in its cool, rainy climate, according to state Rep. David Gomberg and winemaker Jim Bernau, who have been sharply critical of Copper Cane.

“Part of this is prestige and marketing,” Gomberg said.

Grapes for Copper Cane's pinot noirs are grown in three Oregon wine regions and trucked in dry ice to California. Jim Blumling, Copper Cane's vice president of operations, acknowledg­ed that the winery's top-selling Elouan Pinot Noir is more pronounced than the typical Oregon version because the grapes are picked later, with higher sugar content.

“It helps deliver a more concentrat­ed juice in the fruit,” Blumling said.

Bernau, founder of Willamette Valley Vineyards of Turner, Oregon, said Copper Cane's labels deceptivel­y indicate its wines came from Oregon's officially designated wine regions, or AVAs.

“Copper Cane takes something valuable that isn't theirs and deeply discounts it,” Bernau said. “They can't use Oregon AVAs if the wine is not made in the AVA.”

In their rulings this month, the federal and state regulatory bodies agreed there was a problem because Copper Cane's labels refer to Oregon's Willamette Valley, Rogue Valley and Umpqua Valley wine regions. If a wine label claims or implies it's from a particular AVA, 95 percent of the grapes must be from there, according to the Oregon Wine Board.

The federal TTB told Copper Cane that it has to ditch seven of its labels, agency spokesman Tom Hogue said.

The Oregon Liquor Control Commission found last week that Copper Cane has committed seven violations and is seeking to revoke its ability to sell in Oregon, said commission spokesman Matthew VanSickle. The violations focus on Copper Cane's improper use of AVA designatio­ns and “misleading statements on labeling.”

Gomberg wants the federal government to stop Copper Cane from selling Elouan wine in the other 49 states.

“Copper Cane claims they were simply engaged in `fanciful' marketing,” Gomberg said. “But the state of Oregon has determined that they crossed the line from fanciful to fraudulent.”

The company has already submitted new labels to the TTB that don't mention Oregon winemaking regions and say only that the grapes come from prime Oregon vineyards, Blumling said. Those labels have been approved by the TTB, he said.

Copper Cane hopes the new labels also satisfy the Oregon liquor commission.

Case says use of state’s grapes for pinot noir is misleading, should be labeled

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