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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.


67 COMMENTS

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61.

Wiley    

GT Dave probably just sent LL a lifetime supply of tea in return for all the free publicity he got. Tweens will be guzzling the stuff by the gallon now.

1129 days ago
62.

KellyinCA    

The law does not care where the alcohol comes from; only that it is where it should not be, i.e. Lindsay Lohan's bloodstream. Really, what message would be sent to every other alcoholic or addict if suddenly the source of a banned substance became the deciding factor on whether an addict violated the terms of his or her rehabilitation?

Contrary to what GT Dave may think, a probation violation of this type needs only for the addict to test positive _at all_ for drugs. LiLo's played games with the legal system far too long by half to expect _any_ leniency from any judge who looks at the probation report. The judge may have no choice in the matter but to send Lindsay to jail. Justice must not only be done, but it must be seen to be done. LiLo's antics are frustrating to watch, knowing that a) she may well get away with it and b) she will have learned nothing from the error. I can only pray that it doesn't take someone's death from her drunk driving before it finally kicks in what's she doing.

1129 days ago
63.

Iamnotalawyer    

Well , since its public knowledge the test they use to detect Alcohol is not legally permitted to be used as the sole evidence when convicting someone of a violation, she is fine .
its not allowed because the drug test for alcohol does not take into account fermentation , or the alcohol that can be asorbed ie HAIRSPRAY . So if you go down for an alcohol test and it came back positive they cant violate you on the

1129 days ago
64.

andyconda    

anna nicole smith, Dana Plato< and brittany murphy all made great come backs you can too lindsay keep up the good work

1129 days ago
65.

jwoolman    

The problem is that the tea was registering at least 3% to 4% (not the legal limit of 0.5%) alcohol when tested by Whole Foods, that's why they removed it from the shelves last June. I saw a quote from a Treasury Dept rep (they're the Revenooers of legend going after moonshiners) who said they felt the levels were high enough to be taxed as alcohol.

By late July, the tea was reformulated. But old stock could still be quite (hic) alcoholic especially for someone drinking as much of the tea as she was back then. She was reported as drinking 8 or 9 bottles per day at least. She also obviously was shilling for the producer GT Dave :), showing the bottle frequently in pap photos. That's why he would have had the opportunity to warn her himself about the potential problem of the small alcoholic content. And GT, hate to be the one to tell you - but people on probation who are not allowed alcohol do have to be careful about such things as cough medicine and vanilla extract. Take enough of it close enough to testing - they could end up busted and back in jail. Can't have poppy seeds on your buns either if you're routinely tested for drugs. It's an unfair world. But the rules are spelled out when they sign up for probation instead of jail.

The fact remains, probation or no probation, that an alcoholic (and she's at least a 3rd generation one) is unwise to use anything like this tea, even at the 0.5% level. And no, it's not like orange juice, except orange juice that has been fermenting at room temperature for a few days... But some alcoholics can be quite sensitive to even small amounts of alcohol when they are trying to stay sober, even a little can trigger the old cravings. With Lindsay's genetics, she had better start reading labels. She has drunks and addicts on both sides of her family tree. Speaking as a direct descendent of a long line of alcoholics - I wouldn't risk it myself. Don't tempt Mother Nature.

I read that they added sugar and yeast to ferment the brew in the old formulation. I also saw that some people were complaining about the reformulation, which supposedly is non-alcoholic. That does suggest that the bit of alcohol was giving it a kick desired by the people drinking it ... :) Otherwise, why would it matter?

1129 days ago
66.

Sam    

Saying that kombucha can get you drunk or even slightly tipsy is a statement that the uninformed have perpetuated; it is just not the case. The percentages that were listed above are either fabrications or misinformation that was passed on. have been drinking Kombucha for five years. Throughout those five years I have noticed a marked difference in how I feel; simply put, I feel great. I personally don't drink alcohol. I know a few people with severe alcohol allergies that drink kombucha without any of the effects that alcohol usually renders on their systems. I do agree that Lindsey should have stayed away from all things containing even the slightest trace of alcohol if that is what the court had mandated.

1129 days ago
67.

lou    

Another thing I noticed on TMZ: Taylor Momsen is up for a gig on the American X Factor. Now, think about it for a minute: she's also a bad girl and not liked by a lot of people and yet her band is taking off (they had a #2 hit,) they're touring and now she's up for a gig on a huge show. So what's the difference between her and Lindsay?

Two things:

1. As far as I know, Taylor has no criminal record. Nor is she constantly shoving a criminal record in other people's face.

2. She hasn't alienated her fan base. In other words, some people dislike her but others actually like her and are willing to pay to see her. Still others are neutral about Taylor. Can't say any of this about Lindsay, can we? Only poor John Smith keeps insisting that her old movies that are now shown on tv (as are many, many, many other movies, are all of those actors going to get big roles now, too?) portend a future career.

1128 days ago
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