Here's the letter I just sent to California ABC on the Kahlua issue, with hyperlinks included for your browsing pleasure:

Date: Fri, 22 Aug 2003 11:57:10 -0700 (PDT)
From:
Subject: question re: changes of proof
To: SDG.Direct@abc.ca.gov (California Department of Alcoholic Beverage Control, San Diego District Office)

Hello,

I write with a general inquiry, which may or may not evolve into a complaint -- my question is whether the below practices amount to anything which is complaint-worthy.

I've noticed recently that Kahlua has quietly changed the amount of alcohol in their standard distilled beverage. The change is significant: for as long as I can recall, it has been 26.5% alcohol by volume, 53 proof. Now, almost across the board, it seems to be changed to 20% ABV, 40 proof.

My concern is that this is being done quietly, apparently without any notice to the consumer of the change, yet the price for the beverage has remained constant. I have looked in various retailers, and none have posted any notices regarding the proof change.

Further, there is some significant inconsistency among retailers: For example, while most retailers are selling exclusively the new 40 proof Kahlua, some (e.g., Trader Joe's at 1092 University Ave in San Diego) are still selling the old product (as of 8/20/2003). Another example is that Costco (650 Gateway Center Drive in SD) is selling the new 40 proof Kahlua, but the boxes it's displayed in for browsing and purchase by consumers have the proof/ABV labelling blacked out in permanent marker (as of 8/17/2003). I've also seen some retailers selling various sized bottles of Kahlua, some 40 proof, some 53 proof. (I believe this was at Ralph's, the Sports Arena Blvd. location, but I cannot be positive when this was.)

The company's web site, www.kahlua.com, prominently represents their product as still being 26.5% ABV:

"©2003 Kahlúa® Liqueur, 26.5% alc./vol. (21% alc./vol. available only in Ohio)."

The only information I was able to find on proof changes in Kahlua is that, in the State of Washington, they had to apply to the ABC board for permission to change the proof:

http://www.liq.wa.gov/minutes/reg030205.asp
"Mr. Thompson recommended that the Board approve the suppliers’ request for these proof reductions and also Mr. Thompson stated that his division will post signage in our retail outlets notifying customers of the proof changes."

and in Montana, it was simply noted as something that was changing:

www.mt.gov/revenue/content/4forprofessionals/ 04liquorstore/i-newsletter_feb2003.pdf

I am unsure if any of these practices specifically violate California's ABC laws, but it certainly seems as though their change is misleading consumers, by failing to provide any acknowledgement of the change in proof/alcohol content, while all other labelling and price remain constant.

I would appreciate your position or thoughts on this matter. Please advise me if I need to provide any further information, or submit a more formal complaint or request for investigation, or direct this inquiry to a specific person or office. I would also be happy to provide information under penalty of perjury should that be necessary. Thank you.

Sincerely,
my name, e-mail, address, and phone here