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FDA Tried To Punish Distilleries for Helping During the Pandemic

One good turn deserves a hefty slap on the wrist. That seems to be the sentiment at the FDA. In the early days of the pandemic, distilleries started producing hand sanitizer to meet a hugely increased demand. But the FDA tried to punish distilleries for helping during the pandemic.

When the mainstream news told people to panic about the coronavirus, they happily obliged. PPE and hand sanitizer were soon sold out everywhere. But as we knew, people still wanted to help others voluntarily. Distilleries decided that since they produce alcohol for drinking, switching to alcohol for sanitizing would be an easy way to help their communities.

Many distilleries, especially community-minded local craft distilleries, started producing hand sanitizer. Aaron Bergh, president and distiller at Calwise Spirits in Paso Robles, California, was one example. “Some of my hand sanitizer was donated,” he said in a statement to Reason.com. “The rest was sold at a fraction of the market price.”

FDA Tried To Punish distilleries for helping during the pandemic
(Calwise Spirits)

This served a dual role of helping the community by providing sanitizer and jobs—jobs which were nearly lost due to the government’s lockdowns. Bergh said “My goal was to get as much [sanitizer] out as I could, at as low of a price as I could, while being able to bring my furloughed employees back to work. The hand sanitizer business saved me from bankruptcy—but I didn’t make an enormous profit.”

But a nasty surprise awaited the generous entrepreneurs: because they made hand sanitizer, the CARES act classifies them as “over-the-counter drug monograph facilities.” This means that FDA is punishing distilleries for helping during the pandemic with a $14,060 fine. Many of these distilleries are small businesses—already struggling financially due to government regulations and lockdowns.

FDA Tried To Punish distilleries for helping during the pandemic
Robby Verheyen of 4 Hands Brewing Company loads gallon jugs of hand sanitizer into a van for delivery in St. Louis on Friday, March 27, 2020. (BILL GREENBLATT/UPI/Newscom)

“We want to push back on this,” said Becky Harris, president of the American Craft Spirits Association (ACSA) and of Catoctin Creek Distilling in Purcellville, Virginia. The distilleries only produced hand sanitizer for a short time, in a public-spirited response to a crisis. “If you were making sanitizer for your community at a limited capacity, this should not be something you have to deal with,” says Harris. “It will be a slap in the face to make it through all of this and then get hit with this bill.”

Fortunately, thanks to a huge public outcry, the Department of Health and Human Services stepped in to cancel the fines on these do-gooder distilleries. But the punishment for helping during a pandemic, simply to gather more money for the government, should never have been considered. It’s ironic that the CARES Act—the government’s alleged effort to help people during the COVID pandemic—would have hurt the very people who voluntarily stepped up to help, as when the FDA tried to punish distilleries for helping during the pandemic. But that’s the nature of government intervention—someone is always hurt. And it strengthens our case that voluntary charity is more effective than government welfare—and that voluntaryism is the only moral way to organize a society.

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