Virginia Distillery Co. has been accused of intentionally mislabeling its products in such a way that consumers may be misled into believing that their Virginia-Highland Whisky and Scotch Trooper Cask are authentic Scotch Whisky. Scotch Whisky is defined under U.S. Law as being a distinctive product of Scotland, and the term Highland is one of five protected regions of Scotch production which means that it is illegal to use the term to describe a product not wholly produced in Scotland. The Scotch Whisky Association has alleged that both the Virginia-Highland Whisky and Scotch Trooper Cask consist of a mix of various American whiskies and Scotch which it contends are not Scotch. The Scotch Whisky Association asserts that the distillery is thus engaging in false advertising, misleading customers by associating its products with the prestige and recognition of Scotch Whisky and in doing so increasing the appeal of its products.
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