Can I get vitamin D with my gin?
October 26, 2011 1:32 PM   Subscribe

Is it legal for a bar to serve a cocktail fortified with vitamins in Washington state?

I was joking with a bartender friend of mine that he should start slipping vitamin D into cocktails now that the sun here in Seattle has gone on its annual 6 month vacation, and now I'm curious about the legality of vitamin-fortified cocktails. We know it would be illegal for him to give a customer OTC medication like ibuprofen or an antacid, but vitamins might be in a totally different legal ballpark than FDA-approved/regulated drugs.
I just spent a few minutes digging around the Revised Code of Washington hoping to find the rule governing dispensation of medications, but I didn't come across it.
Oh, wise hivemind, can you help? Because I could really go for a gin & tonic with a couple thousand units of vitamin D muddled in.
posted by girlstyle to Law & Government (14 answers total) 4 users marked this as a favorite
 
IANAL. How is it any different than the vitamin-filled smoothies that are handed out at your [insert smoothie retailer here]?

The only place I know of that tested the waters of what you can add was Voodoo Doughnuts in Portland years ago. They made a Nyquil glazed donut and Pepto Bismol donut. The health department told them to knock it off.
posted by Mister Fabulous at 1:37 PM on October 26, 2011 [3 favorites]


Response by poster: That's basically my argument as well, but I don't know if bars are subject to different or stricter guidelines than other food/beverage service establishments.
posted by girlstyle at 1:40 PM on October 26, 2011


Vitamins and other dietary supplements are regulated as foods, not drugs, by the FDA. So it would likely be different than Voodoo's Nyquil donut, but I don't think anyone can say for sure.

To be safe, you could make mixed drinks that include normal foods that are a good source of vitamin D, such as the gin & tonic & sockeye salmon.
posted by qxntpqbbbqxl at 1:45 PM on October 26, 2011 [6 favorites]


I would probably not do this without requesting a written statement from the Liquor Control Board, given that they can be strict about things, and one is probably not going to become an expert on our extensive liquor laws.

In addition to statutes in the RCW, you may find applicable rules in the Washington Administrative Code. In general, it seems like the sort of thing that they don't like—they have a real bee in their bonnet about any alcoholic beverage that is advertised as stimulating.
posted by grouse at 1:51 PM on October 26, 2011 [1 favorite]


I would go to this bar all the time. Please keep us informed.
posted by librarina at 1:55 PM on October 26, 2011


I have definitely been to some bar in Seattle that served alcohol with Emergen-c. Linda's maybe?
posted by joan_holloway at 2:06 PM on October 26, 2011


alcohol can inhibit vitamin metabolism. get a sunlamp.
posted by the cuban at 2:22 PM on October 26, 2011


Yea, Linda's has an Emergen-C elixir at brunch.
posted by jacalata at 3:09 PM on October 26, 2011 [1 favorite]


You would need to specify on the menu that the drink comes with extra vitamin D.

I was on medication for a while that excess vitamin D caused issues with. I would have really been pissed to find out a bar adding extra vitamins to a drink without it being on the menu.
posted by HMSSM at 3:33 PM on October 26, 2011 [1 favorite]


Response by poster: HMSSM, I'm interested in the legality more so than the ethical implications of non-disclosure. This is purely theoretical!
posted by girlstyle at 5:45 PM on October 26, 2011


Best answer: Oh what the hell, I wanted to know too, so I e-mailed the Board.
posted by grouse at 5:57 PM on October 26, 2011 [2 favorites]


Bars serve Red Bull and Red Bull contains various B vitamins. So it's not like this is unprecedented or anything.
posted by jrockway at 2:11 AM on October 27, 2011


Yeah, it may be a tangent, but, as HNSSM implied, vitamin D is pretty different from vitamin C in absorption mechanism (fat soluble) and toxicity potential. If someone didn't know there was vitamin D in their drink, even if it weren't explicitly illegal to add it...I wouldn't do it.
posted by Pax at 8:05 AM on October 27, 2011


Best answer: I got a reply today:
[grouse] it is not legal to add vitamins or advertise an alcoholic beverage as healthful.

[name]
Non-Retail Compliance Administrator
[phone number]
She didn't specifically reference any rule or law, so maybe she's wrong, but you'd probably want a lawyer to look it over first if you wanted to challenge the board's view.
posted by grouse at 9:56 AM on October 28, 2011 [1 favorite]


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