Modist is retiring one of its beers because words can be confusing

There are just a few kegs of Toats left.
Author:
Updated:
Original:

RIP, Toats.

Minneapolis-based Modist Brewing hasn't even been open for a year, but it already has to retire one of its popular beers.

Apparently Toats – a pale ale made with more than 50 percent oats – too closely resembles Tott's, a champagne made by E.J. Gallo Winery. In a post on Facebook, Modist says they got a letter a few months ago from the wine giant's lawyers who were concerned that people could confuse Toats with Tott's.

"While the images [below] may show that the confusion is unlikely, we have not a bagillion dollars to spend on legal defense," Modist wrote on Facebook.

They were surprised to hear from the winery, Dan Wellendorf of Modist told GoMN Monday.

"In the end, they wanted us to agree to limit how far we distribute Toats, and that's not something we're willing to do," Wellendorf said, noting E.J. Gallo's lawyers were just doing their job to protect their brands.

"If we had the time and money to fight the good fight, I think there's a good chance we could have kept Toats around, but c'est la vie," he added.

Instead, the brewery plans to rebrand and replace Toats. The new beer will still be made with more than 50 percent oats, but they're making some subtle changes – like using a little more barley and a little less wheat in the beer, Wellendorf said. The hop profile will also be similar with some citrusy aromas and flavors.

They're changes Modist thinks will make the beer even better, with Wellendorf noting they've learned a lot about brewing with oats since they opened last year.

If you want to toast Toats goodbye, there are still a few kegs left in the taproom, with some being saved for Modist's Brews, Blues, & BBQ event on Feb. 18.

Modist says if you kick the last keg of Toats, they'll buy you your next beer.

Next Up

Cameron Champ

Final round helps Cameron Champ win 3M Open

Champ picked up his third career victory on Sunday afternoon.

Screen Shot 2021-07-25 at 1.08.41 PM

Clinton elevator fire prompts evacuation in western Minnesota

A massive blaze could be seen from far away Sunday.

Bob Motzko

Mack Motzko, son of Gophers coach Bob Motzko, dies in car crash

The crash happened late Saturday night in Orono.

police tape

Victims of triple homicide near La Crosse identified as young men

The victims are ages 24, 24 and 23, respectively.

Screen Shot 2021-07-25 at 7.26.01 AM

Dive team finds body of missing 13-year-old girl in Chanhassen lake

The girl had last been seen on a float on Lake Minnewashta.

Fairmont Raceway

MN race track under fire after announcer's racist remarks

The Fairmont Raceway voiced support for the announcer on social media.

Grayson Murray

Grayson Murray criticizes PGA Tour after pulling out of 3M Open

After withdrawing with a knee injury, Murray unloaded on his Twitter account.

Screen Shot 2019-07-18 at 9.10.30 AM

Minneapolis residents will vote on replacing MPD with new public safety department

The Minneapolis City Council approved language for the ballot question Friday.

Related

Modist's new beer series being brewed with its biggest fans

This first in the series is the second booziest beer Modist has ever made.

4 questions: A flight with Modist Brewing Co. 🍻

Minnesota has a lot of breweries. Let's get to know Modist Brewing Co.

Bemidji Brewing is releasing 2 of its beer in cans this summer

A lot of breweries like offering cans because people can take the beer more places.

Modist's new beer is a remake of a retired favorite

Toats was retired because words can be confusing.

Meet Lucy, Indeed's first canned sour beer

It's a kettle-soured ale, different from their Wooden Soul series.

You can only buy Summit beer in 5 states now

The craft brewery just pulled its beer from six markets.