Oregon legislator takes aim at California winery, claiming deceptive practices

Rep. David Gomberg holds a case box used to hold Elouan Oregon Pinot Noir. (Michael Alberty)

Michael Alberty | Special to The Oregonian

Oregon Rep. David Gomberg is fighting mad over bottles of Oregon and Willamette Valley pinot noir he discovered are actually made in the Napa Valley.

Gomberg, a Democrat who represents a central Oregon Coast district, believes Copper Cane Wine & Provision’s labels and advertising materials are misleading and he aims to do something about it.

Monday morning in Salem, Gomberg testified before the House Interim Committee on Economic Development & Trade about two bottles he recently purchased in local stores: a 2016 Elouan “Oregon” pinot noir and a 2017 “Willametter Journal” pinot noir that is also made by Copper Cane.

Gomberg said Elouan’s “Oregon” Pinot Noir’s packing case implies an “Oregon Coast” American Viticultural Area -- a geographical area recognized by the federal government for the quality reputation of the grapes grown there -- that doesn’t exist. The box does, however, list three real Oregon AVAs, the Willamette, Rogue and Umpqua Valleys, and portrays them as nested within, and therefore subordinate to, the fictional “Oregon Coast” area.

Of equal concern for Gomberg is Copper Cane’s “Willametter Journal” Pinot Noir, a wine that has not earned the federally recognized distinction of the Willamette Valley AVA, yet strongly implies it with its label and advertising materials. The “Willametter” label uses the word “Willamette” and while claiming its grapes come from the “Oregon Territory."

“I may not be an expert on wine,” Gomberg said, “but you don’t have to be one to know we don’t grow pinot noir grapes on the Oregon coast and Oregon hasn’t been a territory since 1859.”

Joining Gomberg to testify before the committee were Tom Danowski, chief executive officer of the Oregon Winegrowers Associationm and Steve Marks, executive director of the Oregon Liquor Commission.

Danowski said Copper Cane might be violating OLCC regulations and federal laws by not accurately portraying the origin of its grapes and by making the wines in California.

“Wines that use one of our AVAs must be made into wine in the state where those grapes were grown,“ Danowski said. “The Elouan Pinot Noir Rep. Gomberg mentioned may say Oregon on its front label, but its website and sales materials explicitly refer to the Willamette Valley. To do that you must make the wine here in Oregon and not in California.”

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Copper Cane's "The Willametter Journal" pinot noir. (Willamette Valley Wineries)

Danowski also pointed out the only way to legally put the Willamette, Umpqua and Rogue Valley AVAs on a label or marketing materials – like a case box - is if the geographical areas physically overlap, which in this case, they don’t.

Marks said the OLCC requested wine production records and other materials from Copper Cane to determine if it is violating OLCC labeling regulations. If those records don’t arrive by Sept. 28, the OLCC may prohibit Copper Cane from doing business in Oregon until the matter is resolved.

Danowski said the winegrowers association has also asked the Federal Alcohol and Tobacco Tax and Trade Bureau to review Copper Cane’s wine labels for any federal violations. Danowski hopes the federal bureau will act to rescind approval for the “Willametter Journal” label and take appropriate action against other Elouan wines if it finds Copper Cane has violated federal labeling statutes.

Gomberg concluded by saying he invited the Attorney General’s office at the Oregon Department of Justice to investigate Copper Cane for potential violation of Oregon’s Unlawful Trade Practice Act. Fines of up to $25,000 “per incident” are possible if Copper Cane is found guilty of deceptive trade practices by the attorney general.

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Michael Alberty writes about wine for The Oregonian/OregonLive. He can be reached at malberty0@gmail.com. To read more of his coverage, go to oregonlive.com/wine.

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