The legal battle over a single charcoal filtering step

Cultures · Published 30 September 2026 Swipe more like this →

In short: Most Tennessee whiskeys share nearly identical requirements with bourbon, yet a specific state law mandates a unique filtration process. This distinction has sparked intense industry disputes, pitting global giants against local distillers over the very definition of their heritage.

While international trade agreements like NAFTA define Tennessee whiskey as a straight bourbon produced in Tennessee, the state's internal laws add a specific layer of complexity. Since May 13, 2013, Tennessee law has required most producers to use the Lincoln County Process—a method where whiskey is filtered through maple charcoal before aging in new charred oak barrels. This legislation, signed by Governor Bill Haslam, was supported by Jack Daniel's as a way to elevate the category's prestige, much like the standards for Scotch or Champagne.

However, the law is not universal. Benjamin Prichard's is the sole exception, permitted to produce Tennessee whiskey without the charcoal filtration. This distinction has created friction; some smaller distilleries argued the 2013 mandate was too closely aligned with the Jack Daniel's production model, while others, like the owners of George Dickel, have pushed for amendments to allow the reuse of barrels.

The industry's history is marked by both expansion and near-extinction. By the end of the 19th century, Tennessee boasted over 700 licensed distilleries, but statewide prohibition in 1910 effectively wiped out the industry. It was not until the repeal of prohibition in 1933 that brands like Jack Daniel's could return to their roots in Lynchburg. Today, the landscape is shifting again. Following a 2009 legislative change that expanded the number of counties allowed to host distilleries from just three to 41, a new era of local production is emerging.

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