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Foul odor spurs Oliver Winery hard-cider lawsuit

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An agreement Oliver Wine Co. Inc. made with a container manufacturer to purchase cans for the winery’s hard apple cider has gone sour.

Bloomington-based Oliver filed suit against the Broomfield, Colo.-based Ball Metal Beverage Container Corp., once headquartered in Muncie, in Monroe Circuit Court in December. The case was transferred to federal court in Indianapolis last week.

Oliver claims the metal cans Ball supplied for the cider produced a chemical reaction when coming into contact with the beverage, causing a foul odor and spurring customer complaints.

The winery issued a voluntary recall of the cider and since has suffered “significant damages,” according to its complaint.

Oliver does not specify the amount of damages it is seeking. The price Oliver paid to buy a total of 1.3 million cans from Ball has been redacted from a purchase order included in the complaint.

The winery is claiming breach of warranties and contract, negligence and product liability.

Citing company policy, a Ball spokesman declined to comment on the pending litigation.

Oliver has been producing wine since 1972, but only introduced its cider in 2011 under the Beanblossom Hard Cider name.

The cider initially entered the market in 16.9-ounce aluminum bottles, which are manufactured by a vendor other than Ball. The cider sold so well that Oliver expanded the line to include 8-ounce cans, the winery said, to be priced at about $2 each.

In February 2012, Oliver purchased the cans from Ball after the company analyzed cider samples and concluded that they were compatible with the cans and linings selected by Ball, according to the complaint.

But the smell that emanated from the cans when they were opened led Oliver to recall the cider soon after. The winery blames the odor on a chemical reaction caused by the copper pitting in the cans, which produced hydrogen sulfide in the cider.

A lawyer for Oliver said the winery has no comment on the lawsuit. Oliver’s cider is still available in the larger aluminum bottles, which sell for about $4 each.

Ball is the largest supplier of aluminum cans in the United States. The company moved its corporate headquarters from Muncie to Colorado in 1998.
 

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  • Copper pitting?
    How would copper be in an aluminum can to begin with? Second copper removes hydrogen sulfide by reacting with it. cCopper is commonly used in some form or the other to eliminate or prevent hydrogen sulfide in wine. I would think more likely the petroleum based plastic lining of the cans may have had some residual sulfur in it. Hydrogen sulfide is a byproduct of petroleum based polymer production due to the presence of sulfur in petroleum. It can also be the result of nutrient starved yeast in a fermentation as yeast will produce hydrogen sulfide when stressed.

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  1. Doug Henning!

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  3. Magician and illusionist!

  4. The basic idea of nice apartments with parking and retail is a good one, but this design seems overwhelmingly big/tall for Broad Ripple. The size could be disguised a bit with lots of big trees/landscaping, but the complex is too massive to blend in easily. That section of canal between College and Westfield will also need to be upgraded on both sides. Nice apartments facing onto a nice promenade with shade trees/plantings could bring together the canal towpath/Monon recreation, the outdoor seating at existing restaurants, and this project into something that upgrades the whole area. A plan for the whole stretch makes more sense than facing nice new housing onto what looks like a ditch. Is there a plan? Does the public have input? Who pays? The apartment idea seems to be reasonable, but Whole Foods is not a good idea for appropriate retail. Besides the store being physically too big, there are already Fresh Market at 54xCollege and Whole Foods in Nora for fancy groceries. Good Earth and Kroger are within walking distance of the Shell site. There are at least 7 grocery stores within a safe bike ride. Whole Foods would add nothing but traffic congestion. This design is on the right track, but there needs to be more work done to ensure that it blends in with and enhances the existing community. A project that large will set a tone for that whole part of town. It could be a real asset, but only if done right.

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