I am not a lawyer, but the way I read the regs, you would not be able to call it that on the label.
The terms “whiskey” and “bourbon” are regulated. It’s the same with words like “cheese” and “ice cream”. If you don’t meet very specific criteria those words better not appear on your packaging.
Unless I can convince The Powers That Be that “homeopathic whiskey” is an entirely different product from “whiskey”.
No no. “Homeopathic wiskey”!
I guess I could go that route. How’s Invisible Jackalope for a brand name, with a picture of the same on the label and the inscription “Centum Cento Anguis Oleum” right below the portrait?
Well, I see you can spell it… that’s probably the only major hurdle.
How about “subbourbon”?
Subboubon Wiskey
Wry Wiskey
Djinn
Wodka
Tikeela
That’s very good! I like it, and it has a certain middle class appeal.
Call it “Hair of the Dog Homeopathic Hangover Treatment”.
Buze
I believe most jurisdictions of the US other than Utah permit children to purchase and drink Nonalcoholic Beer, but NA Beer is not truly alcohol free - it just has so little alcohol that you’d have to theoretically drink a dozen cases just to get a little tipsy and it would take you so long to drink that much that much of the alcohol would have been processed through your body anyway by the time you finish, so it isn’t meaningfully possible to get drunk off it.
Hell, you’d probably die of water intoxication first if you were trying to get drunk off NA beer.
By the way, I totally approve of this idea of a homeopathic alcohol as a cure for a hangover. I sometimes say, only somewhat jokingly, that my company should get out of the actual pharmaceuticals game and into homeopathy instead. But instead of whiskey, I suggest vodka.
If Wikipedia is to be believed, it’s only as low as 0.5% ABV in the U.S., which is not nearly as low as you’d think. (In the UK, for example, it’s a literal order of magnitude less.)
I don’t know how dilution would affect it, but it would only take 10 U.S. alcohol-free beers to have the same amount as a regular beer. And I have heard of kids who drink a whole 12-pack and get a little buzzed.
With a 200c solution, you would be lucky to find an alcohol molecule in an entire truckload.
Here’s your problem. You need to dilute your alcohol with alcohol. Only the “active” ingredient retains the intended memory, so you’re safe.
Thanks to the Dietary Supplement Health and Education Act of 1994 (which would have been better titled the Totally Deregulating the Health Supplement Industry Act) you can sell pretty much whatever you want without FDA approval as long as the component ingredients have been cleared as “reasonably expected to be safe” (and even that requirement is waived for any ingredient available commercially prior to 1994). More or less the only requirement is that your manufacturing facilities meet FDA safety requirements (ie., your product has less than the maximum safe volume of rat droppings in it) and you indicate that the efficacy of the product has not been evaluated by the FDA. You may have seen the appropriate disclaimer at the bottom of penis enlargement commercials.
ETA: You would also have to comply with appropriate state and local alcohol regulation, as discussed above.