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Lindsay's Tea Maker -- We Don't Make Booze!!!

3/18/2011 5:00 AM PDT BY TMZ STAFF

Lindsay Lohan's special fermented Kombucha tea does NOT legally qualify as alcohol -- and therefore should not be used against the actress in court ... this according to the tea maker.

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TMZ broke the story ... the L.A. County Probation Department believes LiLo violated her probation by drinking the tea, because it contains a very small amount of alcohol ... 0.5%.

But the guy who owns the company -- GT Dave -- tells us it's a "ridiculous" move because "it's like punishing Lindsay for taking a dose of cough syrup or a small amount of vanilla extract."

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GT says he personally warned Lindsay about the microscopic alcoholic content of his drink last year -- and Lohan assured him she cleared it with her legal team and probation officer, even referring to the drink as a "non issue."

We'll have to see if the judge agrees.


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