Louisville outfit sues Lexington company over which is KY’s 1st Black-owned distillery
A Louisville distilling company has filed a lawsuit accusing a Lexington bourbonmaker of “unfair competition for false advertising” after the Lexington business claimed it was the first Black-owned distillery in Kentucky.
Victory Global, doing business as Brough Brothers Distillery in Louisville, filed the federal lawsuit earlier this month against Lexington’s Fresh Bourbon Distilling Co.
The lawsuit argues that Fresh Bourbon’s founders’ statements about being the first African-Americans to distill bourbon in Kentucky were false because the company does not have its own distillery and does not have the necessary permits to distill and distribute bourbon.
But Fresh Bourbon’s owners and founders, Sean and Tia Edwards, said that they stand by what they’ve said about the business and bourbon. A Kentucky Senate resolution honored it for being the first black-owned distillery in the state.
“In association with our distilling partner, we have been barreling our unique mash bill bourbon since 2018,” Sean Edwards said in a statement. “We also stand behind our award-winning bourbon, which is mashed, distilled, and bottled in Kentucky.”
Brothers Victor, Chris, and Bryson Yarbrough founded Brough Brothers in 2018 “with the goal of being the first African American owners of a bourbon distillery in Kentucky,” according to the lawsuit. The company then went through the steps to get the necessary permits and licenses before filling its first bourbon barrel to begin the aging process in December 2020.
The lawsuit alleges that Fresh Bourbon does not own its own distillery. Because of that, Fresh Bourbon’s statements about being the first Black-owned distillery are false, the lawsuit argues.
“By reason of Fresh Bourbon’s actions, Victory Global has suffered harm to its reputation, commercial interests, and the goodwill associated with its product,” the company argues in the lawsuit. “Unless Fresh Bourbon is restrained from its actions, Victory Global will continue to be irreparably harmed.”
The lawsuit asks for damages and an injunction blocking Fresh Bourbon from making statements that it is or is one of the first Black-owned distilleries in Kentucky or a registered distillery in Kentucky. It also requests that the injunction block the distillers with Fresh Bourbon from calling themselves “the first African Americans to make Kentucky bourbon that were not slaves.”
Sean and Tia Edwards said in a prepared statement that they believe diversity in distilling should be celebrated. They plan to fight the allegations in the lawsuit.
“We believe it is better to celebrate diversity within bourbon distilling, a Kentucky signature industry, rather than fighting among ourselves over claims,” Sean Edwards said. “In fact, we reached out multiple times, starting last year, requesting to have a conversation about creating mutual benefit, which they declined. There are many firsts to accomplish, certainly enough to go around. While we believe we and Brough Brothers can mutually celebrate our heritage and our bourbons, we have directed our counsel to vindicate our story, the truth.”
This story was originally published March 15, 2021 at 11:56 AM.
