Lexington bourbon company wins court case over ‘Black-owned’ designation
.jpg "Sean and Tia Edwards are opening the Fresh Bourbon Distilling Company, Lexington’s first Black-owned and operated Kentucky bourbon distilling company.")
AI-generated summary reviewed by our newsroom.
- Appeals court allows claim of first Black-produced bourbon in Kentucky 'in modern times'.
- Brough Brothers sued, saying 'first Black-owned distillery' claim was false.
- Fresh Bourbon has opened a small Lexington distillery and plans a larger operation.
A federal appeals court has upheld a Lexington couple’s right to say they distilled the first Black-produced bourbon in Kentucky, at least in modern times.
Sean and Tia Edwards launched their Fresh Bourbon in 2017 and released a bourbon distilled at Hartfield Distillery in 2018. They were recognized by the Kentucky General Senate as “the first Black-owned bourbon distillery in Kentucky,” among other achievements.
.jpg%20bottle%20rendering%20.jpg "FRESH-BW (1).jpg bottle rendering .jpg")
But Louisville-based Brough Brothers, which is also Black-owned, sued over Fresh Bourbon’s marketing, alleging that the claim “to be the first Black-owned distillery in Kentucky” was false advertising because they didn’t have their own distillery at the time.
Fresh Bourbon has since opened a small distillery and a tasting room on Main Street in downtown Lexington, with plans to open a larger operation eventually.
Brough Brothers, which incorporated as Victory Global in 2013, registered as Brough Brothers in 2018 and released its first (Indiana-made) bourbon in 2020.
Brough Brothers wanted to claim the “first Black-owned distiller” title and sued Fresh Bourbon in U.S. District Court in Lexington for false advertising.
But Fresh Bourbon was granted summary judgment. Brough Brothers appealed to the U.S. Sixth Circuit, which also ruled in favor of Fresh Bourbon in an opinion filed March 26.
Brough Brothers didn’t identify any “unambiguously false” statements that Fresh Bourbon had made, said U.S. Circuit Judge Eric E. Murphy, who penned the decision.
In a statement, Sean and Tia Edwards expressed satisfaction.
.jpg "Sean and Tia Edwrds (2).jpg")
“We’ve always been transparent about who we are and what we’re building. Our focus has never changed — creating award-winning bourbon with our own recipe and honoring our journey. We stand firmly in our truth: We are recognized by the Kentucky State Senate as the first African Americans to make bourbon in Kentucky since slavery, and we’re proud to carry that legacy forward.”
