Dr.

Daryl Orris Stabiliza/on of Liquor Ice Cream/RFP

Minnetonka Minnesota USA ©2021 Dr. Daryl Joseph Orris,
ALL RIGHTS RESERVED
5,122 words

Stabilization of Liquor / Alcohol Infused, Ice Cream

by Daryl Orris, Ph.D.

Liquor Ice Cream was invented in February 1994 at the University of Minnesota, Pilot
Plant by leading food scientists: foremost industry scientists. Rulon Chappell, Ph.D.;
Charlie Pyne, Ph.D.; Ray Miller, M.S.; David Smith, Ph.D.; Remesh Chandan, Ph.D.; Wm.
Stoll, Ph.D.; and, Daryl Orris, Ph.D. (lead researcher) together they Invented Liquor Ice
Cream by creating the methodology and techniques to stabilize the alcohol molecule keeping
it from interacting with ice crystals and milk proteins making it possible to commercially
manufacture and hold the product for extended periods of time (up to one year). These
intoxicating ice creams are made in classic ice cream drink flavors using 20% real liqueurs
and liquors and are marketed under the brand name Blend’s®. The product is warehoused,
transported, merchandised, in the same manner as ice cream. Blend’s® are patent pending.

This article is divided into two sections:

1). The food chemistry, methodology and techniques as detailed in the
patent Application that was published by the USPTO in 2001.
2). How the Product formulation was initially developed by Dr. Orris and
how this team of food scientists developed a proprietary technology and
methodology for freezing alcohol in ice cream. Together utilizing the pilot
plant (a research facility) of the University of Minnesota empirical product
research and product sensory analysis and flavor testing was conducted in
February 1994. Production-line tests were conducted at the Central Minnesota
Cooperative 1998-2001. Product has been produced for government analysis,
sensory testing, focus group research, trade shows, taste sampling, test-market,
for distributor/retailer recruitment, and retail sales since 1994 and has been
marketed nationally and internationally. Commercial manufacture of of Liquor
Ice Cream began in 1998 for a regional test-market. The Company received
the Basic Permit from the Bureau of Alcohol, Tobacco and Firearms for a
bonded distillery in Sauk Centre, Minnesota, DSP-MN-29, reporting monthly
to the ATF/TTB. The Company also possessed an annual permit/license from
the Minnesota Liquor Control as a Liquor Manufacturer. The products and
packaging have all been reviewed and approved by the Minnesota Department
of Agriculture, U.S. Department of Agriculture, U.S. Food & Drug
Administration and the Bureau of Alcohol, Tobacco and Firearms/TTB. The
Company has produced product through co-packers at an agreed upon contract
cost per unit, including ice cream white mix, fruit flavoring, natural flavorings
and distilled spirits. The Company has produced Blend’s® for sensory testing,
government testing, analysis, and retail sale. The Company is not allowed by
ATF regulations to provide retailers with freezers for merchandising.
The Patent as Published by the USPTO in 2001 as follows:

US 20010041208A1

(19)United States
(12)Patent Application
Publication (10)Pub. No. :US
2001/0041208A1
Orris et al.
(54) STABILISATION PROCESS FOR COMBINING ETHYL ALCOHOL AND ICE
CREAM

(75) Inventors: Daryl J. Orris, PhD Minneapolis,

MN(US); Rulon Chappell, PhD, North St. Paul, MN (US)
Correspondence Address:
MARKA.LITMAN &ASSOCIATES,PA. York Business Center 3209W.76th
St.,Suite205 Edina, MN 55402(US)
(73) Assignee: The Ice Cream Bar, Inc.
(21)Appl. No.: 09/850,153
(43)Pub. Date: Nov.15,2001
Stabilisation process for combining ethyl alcohol and ice cream

Abstract

A stabilisation process produces an ice cream type product containing alcohol

greater than ½ of 1% by volume wherein a stabilising blend is added into the product
allowing the possibility of mixing ethyl alcohol and/or ethyl alcohol based flavouring
systems with ice cream mix, prior to freezing, to produce an ethyl alcohol based
frozen ice cream type product wherein the ethyl alcohol and/or ethyl alcohol based
flavouring system(s) become(s) a homogeneous part of the whole which does not
separate, break down or melt the product. In addition, the ice cream type product
may be maintained in a solid state without such melting, denaturing or breakdown for
as much as one year or longer and, even if refrozen after partial thawing, there is
little adverse effect on the preferred taste or texture profiles.

Inventor
Daryl Orris PhD
Rulon Chappell PhD

Current Assignee
Ice Cream Bar Inc
Original Assignee
Ice Cream Bar Inc
Priority date
1994-05-13
Family: US (1)
DateApp/Pub NumberStatus
2001-05-08US09850153Abandoned
2001-11-15US20010041208A1Application

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Cited by (9)
Legal events
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Priority and Related Applications
External links
USPTO
USPTO Assignment
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Classifications

A23G9/40 Frozen sweets, e.g. ice confectionery, ice-cream; Mixtures therefor characterised by the composition
containing organic or inorganic compounds characterised by the dairy products used
View 3 more classifications
US20010041208A1
US Application
Download PDF Find Prior Art Similar
Inventor
Daryl Orris PhD
Rulon Chappell PhD
Current Assignee
Ice Cream Bar Inc
Original Assignee
Ice Cream Bar Inc
Priority date
1994-05-13

Family: US (1)
DateApp/Pub NumberStatus
2001-05-08US09850153Abandoned
2001-11-15US20010041208A1Application

Info
Cited by (9)
Legal events
Similar documents
Priority and Related Applications
External links
USPTO
USPTO Assignment
Espacenet
Global Dossier
Discuss

Description
 CROSS REFERENCES TO RELATED APPLICATIONS
• [0001]
This invention is a continuation-in-part of abandoned U.S. patent application Ser. No. 08/242,642, filed
May 13, 1994, which is also a continuation-in-part of U.S. patent application Ser. No. 08/927,580, filed
Sep. 8, 1997.
BACKGROUND
• [0002]
1. Field of the Invention
• [0003]
The invention relates to ice cream type products, to the manufacture of an alcoholic ice cream type
product, and to the stabilisation of an ice cream mix in frozen or semi-soft form in the presence of
alcohol or flavoured alcohol.
• [0004]
2. Background of the Art
• [0005]
The mixture of ice cream and flavoured alcohol to form ice cream drinks was popularized in the United
States in the early 1900's. At that time, bartenders determined that certain combinations of flavoured
alcohol and fresh dairy cream had unique and desirable taste profiles that caused people to desire to
consume them. After the second world war, ice cream was sometimes exchanged for dairy cream in
consumer products.
• [0006]
Old Mr. Boston, Deluxe Official Bartender's Guide (Cotton) published 1963, by Mr. Boston Distiller
Inc. lists various preferred flavoured alcohols that, when added to frozen ice cream, produced desired
taste profiles. These “ice cream drinks” can be made in liquid form or made to temporarily retain a
semi-frozen or soft form. However, Cotton's “Ice Cream Drinks” are described as bartender prepared
beverages which are available only for immediate consumption.
• [0007]
Cotton's ice cream drinks, like all other ice cream and alcohol beverages heretofore conceived, have not
been able to be stored in frozen form without undergoing separation between components. For
example, when an alcohol or a flavoured alcohol composition is frozen in ice cream, the alcohol
molecules interact in the mixture with ice crystal and/or the milk protein in ice cream and in a matter of
minutes, an undesirable separation of the drink components begins to occur. Furthermore, when such
an “ice cream drink” is thawed and refrozen, undesirable texture changes occur, such as the creation of
larger ice crystals and caverns or porous areas.
• [0008]
Cotton's formulas are mixed for immediate or nearly immediate consumption. Cotton's formulas do not
contemplate or enable a product capable of long term storage of a frozen or near-frozen alcohol/ice
cream composition. Cotton's formulas do not even mention freezing a mixture of alcohol with ice
cream. Cotton also does not consider commercial production of large volumes of single flavours which
must be stored for extended time periods.
• [0009]
Another source of information in the background of the art is the description of ice cream making by
Robert T. Marshall, Arbuckle's Ice Cream, Fifth Edition, Chapman & Hall (1996). The disclosure in
this publication is merely of ice cream recipes. There is no mention of the presence of alcohol in
proportions of greater than 0.05% by volume in any of the formulas. The recipes give no indication of a
method to make, much less store, a stable, homogeneous composition consisting of ice cream and
alcohol or flavoured alcohol(s) in proportions of greater than 0.05% by volume, in a frozen condition,
for long periods of time, without separation of the ingredients.
• [0010]
U.S. Pat. No. 5,019,414 is where Valdes discloses a pipeable or spreadable gel which comprises a
gelled or non-beverage form of an alcohol containing product. Valdes' product is a non-liquid, clear,
pipeable gel. Theoretically, this pipeable gel can be added to frozen desserts, such as ice cream,
sherbets and the like, after the freezing process, without melting them. The alcohol containing gel is
rippled, folded, piped or ribboned in a nonhomogeneous manner into a frozen product or added as a
topping. This method of application of the ribbon of the gel tends to inhibit the antifreeze action (or
melting activity) of the alcohol component, so long as the gel has been incorporated into the dessert
after the dessert has been frozen and the gel is maintained as a distinct phase, rather then a component
of a homogeneous mixture.
• [0011]
Unfortunately, the alcoholic gel must retain its phase identity distinct from the body of the ice cream.
Furthermore, this gel is incorporated into the ice cream after the ice cream has been made and frozen. If
added to ice cream, Valdes' pipeable gel and the alcohol contained therein could be removed
mechanically from the ice cream by a person with a tool such as a spoon. The gel is in a distinct phase
with, but separate from, the ice cream composition. The gel mixture does not create a homogeneous
chemical composition or system containing alcohol indistinguishable and mechanically inseparable
from the body of the food (the ice cream). This prevents the Valdes gel from being used to create frozen
type “ice cream drinks,” containing alcohol, as made in America's bars and restaurants. The public's
preferred taste profiles for ice cream alcohol drinks cannot therefore be addressed via the Valdes gel.
Thus, for example, the invention cannot be used to produce a traditional grasshopper.
• [0012]
Also, a further problem with Valdes invention could reduce its ability to be used commercially in the
United States. United States law classifies products with more than ½ of 1% alcohol by volume, not as
food, but as various different alcohol types of products which are strictly regulated by the Bureau of
Alcohol, Tobacco and Firearms (ATF). The Code of Federal Regulations, Title 27, further requires that
the alcohol content of such products must be stated on the package to an accuracy of ¼ of 1% by
volume. The theoretic piping or ribbing type technique of Valdes, because the ribbon cannot be
distributed uniformly or consistently, would not facilitate the manufacture of a product so that its
alcohol content could be stated with certainty within the statutorily required ¼ of 1% by volume. Thus,
the law operates to make the Valdes technique commercially impractical and/or impossible.

• [0013]
Furthermore, Valdes' alcohol gel retains its identity distinct from the body of the ice cream. This could
enable abuse of the product by removal of the ribbons with their higher alcohol content and their use as
a high alcohol content product. Furthermore, this gel is incorporated into the ice cream after the ice
cream has been made and frozen. It would be important to the field to devise an alcohol/ice cream
product that does not suffer from some or all of these disadvantages.
SUMMARY OF THE INVENTION
• [0014]
The present invention relates to a useful, novel and unexpected advancement in the art of making
alcoholic ice cream, distilled spirit-ice cream and/or alcoholic frozen ice cream type drinks. This is
accomplished by providing a novel stabilising component and/or combination of stabilising compounds
in an ice cream mix and by the new and different process of making the ice cream type product (i.e.
adding chilled ethyl alcohol components). The stabilising element does not contain the alcohol, and the
final composition and product can be a homogeneous composition in which the ice cream component,
the alcohol component, and the stabiliser component cannot be individually removed by mechanical
separation techniques such as filtration, scooping, or cutting.
• [0015]
The invention allows for the addition of alcohol flavouring systems, in liquid form, prior to any
freezing. The alcohol component is not added as a distinct phase stable component (not in a gelled
 form, such as a topping or ribbon), and is not added after the ice cream has been completely frozen.
These liquid alcohols become a part of a homogeneous mixture, suspension, dispersion or even
solution with the other components of the product.
DETAILED DESCRIPTION OF THE INVENTION
• [0016]
The invention includes the compositions of ice cream type products and methods of manufacturing ice
cream type products comprising dairy product solids and alcohol or flavoured alcohol components. The
typical dairy product solids may include milk solids, cream solids, whey, cream by-products and milk
by-products. The practice of the composition is best performed with a high solids content ice cream
mix as the base. It is believed that the high dairy product solids content of the mix allows for the
additional liquids from the alcohol flavouring systems to be accommodated in the product, and most
importantly, stabilise the mix against separation and property changes. The dairy product solids tend to
withdraw available liquids in the mix (i.e. water) and to allow for the additional liquids of the
flavouring systems to be partially absorbed or otherwise stabilised into the dairy product solids. The
combined effect of high solids ice cream, the dairy product solids and stabiliser (particularly a preferred
set of stabilisers) allows the creation of a homogeneous frozen ice cream or ice cream type product
containing alcohol and/or a homogeneous frozen ice cream or ice cream type product containing
alcohol with an approximately soft-serve consistency, either of which can be stabilized and stored
frozen on a long term basis. (Long term would be at least three months, preferably at least six months
and more preferably one to two years without obvious undesirable changes in the product such as
shrinkage, component separation, texture changes or taste changes.)
• [0017]
In addition a preferred aspect of the invention is blending the flavoured alcohol, in quantity, while
chilled to partially frozen (for example, about 0 to 30 degrees Fahrenheit or 5 to 30 degrees F., or about
15-30 degrees F.). These chilled to partially frozen mixes are stable against separation, where other
attempts to provide mixes have to be used immediately because of instability. This concept is one of
many in the practice of the present invention which does not appear in the teachings of the prior art
with respect to the manufacture of ice cream type products with an alcohol component. Such a
limitation, for example, is not present or mentioned in the Cotton reference. Valdes does not describe
any limitation on temperature ranges. Valdez, in fact, shows the use of highly elevated temperatures to
be a necessity in the use of carrageenan in his composition (which can be added to ice cream to form a
mixture). Arbuckle's Ice Cream does not address or teach the addition of alcohol to ice cream to form
single flavouring systems of more than 0.05% by volume alcohol. Therefore, the use of the greatly
reduced temperatures in the combination of alcohol component elements in the manufacture of these
types of products is not only absent from the teachings of the references, it tends to go against the
teaching of the use of higher temperature control in the provision of stabilisation ingredients which is
present in the references. Additionally, the chilled products of the invention are stabilized against
separation and other adverse effects of the combination of the ice cream solids and the alcohol.
Although not wishing to be restricted to a single interpretation of the cause of the benefits, it is
hypothesised that the larger amounts of solids used in the present invention tend to absorb or otherwise
stabilise the extra liquid of the distilled spirits (the alcoholic beverage), making it possible to use real
liquor and liqueurs for the flavouring system.
• [0018]
Arbuckle 's Ice Cream deals with ice cream, which is classified as a food product by United States law
and regulated by the FDA. When this invention or any other method is used to create a product with
greater than ½ of 1% alcohol by volume, the method creates an alcoholic beverage or ice cream type
product in solid form, rather than a food product. The ATF and FDA have jointly agreed, in writing,
that this general type of product is an alcoholic beverage and not a food product like ice cream.
Alcoholic beverages are regulated by the ATF. Marshall and Arbuckle 's ice cream is regulated by the
FDA.
• [0019]
 Accordingly, besides the general aspects and advantages above described, several features and
advantages of this invention are:
• [0020]
a) to provide a stabilising ice cream mix blend comprised of dairy product solids, non-thermoreversible
gums such as mannan gums, e.g., locust bean gum, digestible thickening gums (such as a cellulosic
gum and lower molecular weight and digestible or inert natural or synthetic resins, extenders and
gums) and thermoreversible gums such as carrageenan (e.g., kappa, iota, and lambda carrageenan)
whereby when said stabilizing ice cream mix blend is combined with a basic ice cream mix and
subsequently with ethyl alcohol and then frozen, the ethyl alcohol molecule is stabilized in an ice
cream like product so that after said freezing, the ethyl alcohol does not change the form, texture or
homogeneity of the ice cream like product in an adverse manner.
• [0021]
b) to provide a method whereby alcohol can be admixed with an ice cream type product or ice cream
type mix to make a homogeneous alcoholic product which is then frozen, provided in a solid state, and
the frozen alcoholic ice cream type product can then be stored indefinitely (as herein defined) without
appreciable decomposition;
• [0022]
c) to provide a method whereby alcohol can be admixed with an ice cream type product or ice cream
type mix to make a homogeneous frozen alcoholic product in a soft-serve or semi-soft consistency
which can then be stored indefinitely (as defined herein);

• [0023]
d) to provide a method whereby alcohol flavouring systems, containing taste profiles preferred by the
public can be admixed with ice cream in a manufacturing or compounding process to make a
homogeneous, hard frozen alcoholic ice cream type product or mix (hereinafter collectively referred to
as an “alcoholic ice cream”) or a homogeneous frozen alcohol drink in a soft-serve or semi-soft
consistency, which can be stored indefinitely (as defined herein);
• [0024]
e) to provide a hard frozen alcoholic ice cream or a soft-serve or semi-soft serve alcohol drink with a
consistent flavor;
• [0025]
f) to provide a hard frozen alcoholic ice cream or a soft-serve or semi-soft serve alcohol drink with a
consistent texture;
• [0026]
g) to provide a hard frozen alcoholic ice cream or frozen alcohol drink in a soft-serve or semi-soft
consistency in a convenient, premade form for later consumption;
• [0027]
h) to provide a hard frozen alcoholic ice cream or a soft-serve or semi-soft alcoholic drink as an
ingredient which can be spread onto, into or otherwise provided as a part of other foodstuffs such a pie
filling, food topping or floating component on a liquid, for later consumption;
• [0028]
I) to provide a hard frozen alcoholic ice cream which could be presented for consumption adhering to
or served on other matter, such as around a stick, on a cone, in a cup, within a cake, or other manners in
which ice cream may be presented;
• [0029]
j) to provide a hard frozen alcoholic ice cream or a soft-serve or semi-soft frozen alcohol drink which
can be made in one locale and stored for shipping to and consumption at a far distant locale;
• [0030]
k) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcohol drink which,
due to storage capability, can be manufactured economically in mass quantities at one locale for
distribution at diverse and distant locales;
• [0031]
l) to provide a hard frozen alcoholic ice cream-type distilled spirit product or soft-serve or semi-soft
frozen alcohol drink which, due to storage capability, can be packaged with tamper resistant closures;

• [0032]
m) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcohol drink which,
due to storage and manufacturing capability, is made and can be repeatedly made with a consistent,
known and labeled proof and/or alcoholic content;
• [0033]
n) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcohol drink which
may be used as a beverage mix and can save time for the bartender and/or consumer;
• [0034]
o) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcoholic drink which,
due to storage capability, can be manufactured in known or ascertainable sanitary conditions;
• [0035]
p) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcohol drink which,
due to labeling requirements, contains accurate label information allowing the consumer to determine
the content (including the alcohol content within ¼ of 1% by volume) of the product consumed;
• [0036]
q) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcohol drink which
can conveniently and economically be provided in a variety of taste profiles;
• [0037]
r) to provide a hard frozen alcoholic ice cream soft-serve or semi-soft frozen alcohol drink which can
be provided conveniently in a variety of quantities, such as in packages which would make advertising
more convenient;
• [0038]
s) to provide a hard frozen alcoholic ice cream or soft-serve or semi-soft frozen alcohol drink which is
simply, conveniently and/or quickly prepared and/or used;
• [0039]
t) to provide a means by which declining industry distilled spirits sales can be renewed and increased
and to provide new customers to liquor retailers;
• [0040]
u) to provide a means for a new use of dairy butter fat, to renew and increase dairy production; and
• [0041]
v) to provide a new beverage alcohol technology and new ice cream technology.
• [0042]
Carrageenan is a natural hydrocolloid, a polysaccharide hydrocolloid, which is derived from seaweed.
It comprises a carbohydrate polymer of repeating sugar units, which is linear, without significant
numbers of branches or substitutions. Most, if not all, of the galactose units on a Carrageenan molecule
possess a sulfate ester group. The exact position of the sulfate groups, the cations on the sulfate groups,
 and the possible presence of an anhydrous bridge on the molecule differentiates the various types of
Carrageenan. There are basically three distinct types of Carrageenan which each behave differently and
have distinct properties and differences. These are the kappa, iota and lambda forms of Carrageenan,
although there are also minor fractions of mu and nu Carrageenan forms. These various forms can
significantly vary in properties, as exemplified by the fact that lambda Carrageenan in solution is
unable to associate into a structure, so that it cannot gel, but may act as a thickener. Both kappa and iota
Carrageenan are able to gel. Kappa Carrageenan is known to form gels in the presence of potassium
cations. These gels tend to be brittle and exhibit syneresis (contraction and release of entrapped liquid)
as the gel shrinks. Iota Carrageenan tends to react strongly to calcium cations and forms a more tender,
flexible gel than kappa Carrageenan that is not as susceptible to syneresis. κ-Carrageenan when
dissolved in water by heating, followed by cooling, can form thermoreversible gels, optionally in the
presence of additionally added cations. A film-forming gel mass is prepared by combining κ-
carrageenan, water (preferably deionized water), an optional gelling salt(s), and plasticizer. Gelling
salts can be salts of divalent cations such as calcium, magnesium, and barium or salts of monovalent
cations such as potassium and sodium. Preferably, where a gelling salt is additionally used (in addition
to the salts which may be naturally present in the commercial κ-carrageenan), a salt comprising a
potassium salt, and in particular, a highly soluble potassium halide such as potassium chloride, is used.
Carbohydrates, especially liquid carbohydrates or cellulosic gums, whether natural or synthetic, such as
glycerin, alkylene glycols (e.g., polyethylene glycol, propylene glycol, and their mixtures or
functionalized derivatives, the number present after the Tradename usually relating approximately to
the molecular weight or the number of repeating units of the glycol), sorbitol (and sorbitol solution),
maltitol, lactitol, xylitol, corn syrup solids, and other polyols or combinations of the above can be used
as plasticizers or another desired additive. Preferably, cellulose resins which are digestible may be
used. Cellulosic resins include materials comprising high fiber or microfiber content which bonds into a
film or gel structure by chemical and/or physical reaction between chemical groups on the molecules
(including polymeric molecules) in the cellulosic material. By digestible it does not mean that
nutritional value is obtained from the resin, but that it can pass through the digestive track of a person
without adverse effects and possibly contribute fiber to the diet. As a plasticizer for the gums and
resins, a mixture of maltitol syrup and sorbitol solution may be used.
• [0043]
It is desirable to be able to distinguish amongst the various types of gums preferred and tolerated in the
practice of the present invention. Gums (hydrocolloids) that form thermoreversible gels or contribute to
the formation of thermoreversible gels include, for example, κ-carrageenan, iota-carrageenan, xanthan
gum, gellan gum, and mannan gums (such as locust bean gum, konjac gum, tara gum, guar and cassia
gum). The specific words used in the description of “or contribute to the formation of thermoreversible
gels” are important because some of these gums, such as the mannan gums and xanthan gum, do not
form thermoreversible gels by themselves, but they form thermoreversible gels with carrageenan
through a synergistic effect. Gums (hydrocolloids) that do not form thermoreversible gels include
dextrins (including maltodextrin), proteins, gum arabic and polyvinylpyrrolidone (e.g., Povidone™).
The latter gums may simply be film formers (such as gum arabic and Povidone™) or both film formers
and formers of non-thermoreversible (heat stable) gels (such as various plant proteins, for example, soy
protein). The term ‘thermoreversible gum’ therefore refers to a gum the gel of which is
thermoreversible or contributes to the formation of thermoreversible gels with κ-carrageenan.
• [0044]
Optionally, mannan gums (e.g., locust bean gum, konjac gum, guar, and tara gum) which have a
synergistic gelling effect with κ-carrageenan can be added to increase gel strength and elasticity. Also,
part of κ-carrageenan may be substituted by iota-carrageenan (preferably up to a maximum of 50% or
25% by weight of the κ-carrageenan) which forms “softer” and more elastic gels. Mechanical
properties of carrageenan films can also be improved through a synergistic effect with added mixtures
of xanthan gum (a microbial gum) and mannan gums such as locust bean gum or gellan gum or other
materials which contribute to the formation of thermoreversible gels.

• [0045]
 Optionally, hydrolyzed starches, such as maltodextrin (a hydrolyzed starch and an inexpensive
biopolymer), are added to 1) increase solids concentration in the gel mass, and 2) prevent “hazing” of
dried carrageenan capsules induced by the gelling salt and, if added, the mannan gums. Maltodextrin
from corn starch is optionally used due to wide availability and low cost. However, dextrins from other
starchy feedstocks (e.g., wheat, rice, barley, tapioca, potato, and cassava) can be used as well.
• [0046]
Optionally, a native or modified water-soluble or water-dispersible protein (or mixtures of proteins)
derived from plant sources including, but not limited to, cereals (e.g., wheat, corn, sorghum, rice, and
oat), oilseeds (soybeans, peanuts, and cottonseed), tubers (e.g., potato), and legumes (e.g., pea and
lentil) is incorporated in the gel mass to increase wet tackiness, thus improving binding properties of
the mass. Of course, animal proteins (e.g., whey protein, keratin, casein, egg albumen, and fish
myofibrillar protein) may be used for this purpose as well.
• [0047]
Still further aspects and advantages will become apparent from a consideration of the ensuing
description and flow chart.
DESCRIPTION OF PREFERRED EMBODIMENT
• [0048]
A step which may be preliminary to creating a frozen product of this invention is the making of a
stabilizer blend and a basic ice cream mix which are subsequently blended together to form a basic
stabilized or stabilizing ice cream mix. Said basic stabilizing ice cream mix is in turn further processed
by the admixture of a particular type of ingredient comprising ethyl alcohol or a flavored ethyl alcohol.
• [0049]
The first step in this process is therefore the creation of a stabilizing ice cream mix. It is emphasized
that this particular stabilizing mix is a departure from the customary or known making of ice cream mix
because the stabilizing mix is specifically designed to absorb or accommodate (1) liquid from the ice
cream mix and (2) the admixture of liquors and/or liqueurs therein without adverse effect from long
term storage. This may be enhanced by a combination of or selection from amongst:
• [0050]
1. Storing the mix after pasteurization, homogenization, and cooling anywhere from one day to a few
days. This allows time to accommodate the hydration of the milk proteins. Hydration helps facilitate
the future admixture of liquors and/or liqueurs.
• [0051]
2. A stabilizing mix which is designed to accommodate extra liquid from the liquors and/or liqueurs.
This effect is accomplished by the creation of a unique stabilizer blend which constitutes a range of
about 0.05% to about 1.5% of the entire basic stabilizing ice cream mix. While other ice creams may
utilize all or most of the components in the stabilizer, for the first time a high percentage of milk and
whey solids is being used with the non-thermoreversible gum, such as locust bean gum), digestible
gum (e.g., cellulose gum) and thermoreversible gum (such as carrageenan). The stabilizer blend
consists of:

• [0052]
a) dairy product solids (milk and whey solids) 5-20%, e.g., 10%
• [0053]
b) stabilizer gum (e.g., locust bean gum) 20-60%, e.g., 40%
• [0054]
c) digestible gum (e.g., cellulose gum) 20-60%, e.g., 40%
• [0055]
 d) thickening gum (e.g., carrageenan) 5-20%, e.g., 10%
• [0056]
100%
• [0057]
In this process the carrageenan does not function as a normal gum or even just a thickening gum.
Carrageenan and its herein stated equivalents may interact with the casein to prevent the separation of
proteins which have been denatured by the alcohol. This explanation is gratuitously offered while not
being bound by this theory.
• [0058]
The stabilizer blend is a new and novel composition for ice cream-type products or mixes. It is at least
in part the heretofore unknown additional ingredients and proportions of ingredients in the formula for
the ice cream-type product or mix that reduces the formation of or prevents the problems previously
identified, such as large ice crystal formation, usually formed in the freezer. The stabilizer blend
prevents the ice cream from being separated into or reduced to a liquid state when alcohol and/or
alcohol flavoring systems are present.
• [0059]
3. A basic stabilizing ice cream mix designed with a lowered sugar content to accommodate the future
extra sugar from the liquors and/or liqueurs.
• [0060]
4. Chilled (about 0-30 degrees F., 5 to 30 degrees F.—or otherwise below about 30 degrees F.) liquors
and/or liqueurs which are added to the mix just prior to freezing. This pre cooling or prefreezing
addition of chilled liquors and/or liqueurs reduces stress to the product and allows the proper formation
of ice crystals (natural to ice cream) in the freezer. (The process also will work if room temperature
liquors and/or liqueurs are added but it causes stress to the product [e.g., some loss of preferred taste
and texture profile] because of a longer freezing time in the barrel and less than desired overrun targets.
Furthermore, the extended agitation that room temperature liquor and/or liqueur additions require
disrupts the ice cream stabilizer and the taste profile.)

• [0061]
A process for practice of the present invention may include the following steps, the process beginning
with the creation of a stabilizing blend and ends with storage of a stable, homogenous, ice cream type
product with ethyl alcohol in it and may be practiced by:
• [0062]
1. Creation of Stabilizer Blend
• [0063]
Mix a stabilizer blend comprising:
• [0064]
a) dairy product solids (milk and whey solids) 10% e.g., 5-20%
• [0065]
(E.g., VersaPro™ by Davisco Foods International, Inc.)
• [0066]
b) a non-thermoreversible gum, such as locust bean gum 40% e.g., 20-60%
• [0067]
c) cellulose gum or its equivalent 40% e.g., 20-60%
• [0068]
d) thermoreversible gum such as carrageenan 10% e.g., 5-20%
• [0069]
2. Mixture of the Basic Stabilizing Ice Cream Mix
• [0070]
Mix the ingredients of the stabilizer blend with the basic ice cream mix (any commercial
manufacturing formulation will be adequate) to form a basic stabilizing ice cream mix so that the new
mix contains the following:
• [0071]
Percentage of total mix
• [0072]
I. milk (3.2% fat content preferred) 46.57% e.g., 25-65%

• [0073]
ii. cream (40% fat content preferred) 33.77% e.g., 20-55%
• [0074]
iii. Non-fat dry milk 4.21% e.g., 2-11%
• [0075]
iv. Sweetener, e.g., Sugar (granulated) 15.00% (sugar) e.g., 4-25%,
• [0076]
1-10% art.swtnr.
• [0077]
v. Flavoring, e.g., Vanilla extract (if desired) 0.15% 0 or 0.05 to 5%
• [0078]
vi. Stabilizer blend (content indicated above) 0.30%, e.g., 0.05 to 3%
• [0079]
The ingredients may be mixed so that a normal commercial quantity for a batch efficient for the plant
size is created by using the proportions indicated above. (The future admixture of liquors and/or
liqueurs will increase the final volume. Final volume will also be increased approximately 50% to
100% through the introduction of air in the freezing process.)
• [0080]
3. Pasteurization
• [0081]
The entire quantity of ingredients, having been thoroughly mixed is preferably then pasteurized. In the
preferred embodiment the mixture is pasteurized at above 160° F., e.g., at about 175 degrees F. for
20-30 seconds, e.g., 25 seconds. (Any legal pasteurization process could be utilized. This happens to be
the preferred process).
• [0082]
Liquors and liqueurs are not pasteurized because the presence of ethyl alcohol places them in a
relatively sterile state and the added heat would evaporate part of the alcohol.
• [0083]
4. Homogenization
• [0084]
Homogenization of the mixture is preferred and accomplished by any normal homogenization process,
such as: the mix is placed under a first stage of pressure of over 1000 PSI, such as 2,000 P.S.I. to the
point that a temperature above 150° F. of 165° F. is reached. It is then placed under a second stage of
pressure of 500 P.S.I. for as long as the mixture remains at 165° F. The pasteurization and
homogenization can be accomplished using either a batch or continuous process. The continuous
process is preferred. The pasteurization can occur before or after the homogenization. High
temperature, fast pasteurization usually requires at least 175 degrees F. for at least 25 seconds, while
vat pasteurization usually requires at least 155 degrees F. for thirty (30) minutes.
• [0085]
Again, liquors and liqueurs are not homogenized, because the presence of ethyl alcohol places them in
a sterile state and the heat would cause some of the alcohol to evaporate. Also, the ethyl alcohol
flavoring systems are homogeneous already.
• [0086]
5. Cooling and Mix Storage
• [0087]
After homogenization, the mixture is cooled and stored until it is added to the mix tank. Cooling should
be to less than about 40 degree F. Storage time should be from a minimum of one to a few days. This
storage will allow the composition to accommodate and allow hydration of the milk proteins. This
hydration will help accommodate the future introduction of the flavoring systems (liquors and/or
liqueurs). The above mixture of ingredients results in a cooled basic stabilizing ice cream mix, which in
its preferred embodiment, has 14.40% fat w/w (e.g., between 10 and 20% fat w/w), 40.5% total solids
w/w (e.g., 30-50% total solids w/w) and a specific gravity between about 1.1 and 1.2 such as 1.147
(calculated).
• [0088]
6. Addition of Liquid Flavorings including Liquors and/or Liqueurs
• [0089]
Just prior to freezing, the mix is pumped into a mix tank where the proper amount of preferably chilled
(0-30 degrees F.—e.g., 20 degrees F.) liquors and/or liqueurs and other flavoring ingredients are added
and blended into the mix. The addition of chilled (but not completely frozen) liquids is preferred to
reduce stress on the product and to assist in the formation of ice crystals. Desired coloring and/or other
liquid ingredients may also added at this stage.
• [0090]
7. Freezing of Mix
• [0091]
Immediately after the addition and full blending of the flavoring systems, the resultant mix is frozen.
The mix is then pumped into the ice cream freezer (either a batch or continuous process). Air is
incorporated into the admixture so that the product is 150% of the initial volume and such that a 100-
ml. container's portion target weight is approximately 72 grams. (If desired, it would be possible to
incorporate enough air to make the product 300% of its initial volume.) The preferred method for the
desired taste and texture is to use an open dasher which causes a whipping effect.
• [0092]
The product leaving the freezer barrel is typically between 10 degrees F. and 30 degrees F. The
preferred temperature is approximately 20 degrees F. and has the consistency of soft-serve
compositions.
• [0093]
8. Filling of Packages
• [0094]
From the freezer, the product is pumped to the filler, where it is deposited into a container (within the
specifications set forth by national law and regulations).
• [0095]
9. Hardening
• [0096]
The filled container is then transported to a hardening room or freezing tunnel where more ice is
formed in the product. The hardening room temperature should be between about −20 degrees to −40
degrees F.
• [0097]
10. Storage
• [0098]
Following hardening the product is placed in cold storage (e.g., about −5 degrees to −30 degrees F.)
until it is shipped to a distributor or retailer.
• [0099]
Thus it can be seen that the stabilization process for combing ethyl alcohol and ice cream provides the
only known process to combine ethyl alcohol and/or ethyl alcohol laden flavoring systems with ice
cream for long term storage without separation or degradation. Furthermore, the system is highly
reliable, simple, straightforward and yet is an economical system that can be used by any commercial
ice cream maker.
• [0100]
While my above-description contains many specific materials and proportions, these should not be
construed as limitations on the scope of the invention, but rather as exemplification of one preferred
embodiment thereof. Many other variations are possible. For example, ethyl alcohol of any derivation,
such as derived from a malting process, distillation process or wine making process can be combined
with ice cream through the process indicated. Liquor and/or Liqueur flavoring systems are infinite in
number and depend upon which flavorings are found desirable to taste.
• [0101]
Some of the preferred liquor and/or liqueur flavoring systems are:
• [0102]
a) equal parts green creme de menthe and white creme de cacao, producing a frozen ice cream
beverage known as a grasshopper, creating a frozen ethyl alcohol ice cream product containing more
than ½ of 1% alcohol by volume.
• [0103]
b) equal parts brandy and dark creme de cacao, producing a frozen ice cream beverage known as a
brandy Alexander, creating a frozen ethyl alcohol ice cream product containing more than ½ of 1%
alcohol by volume.
• [0104]
c) equal parts creme de noyaux and white creme de cacao, producing a frozen ice cream beverage
known as a pink squirrel, creating a frozen ethyl alcohol ice cream product containing more than ½ of
1% alcohol by volume.
• [0105]
d) equal parts of Neapolitan and white creme de cacao, producing a frozen ice cream beverage known
as a golden caddy, creating a frozen ethyl alcohol ice cream product containing more than ½ of 1%
alcohol by volume.
• [0106]
 e) two parts vodka, one part triple sec, one part grenadine and one part white cream de cacao,
producing a frozen ice cream beverage known as a velvet hammer, creating a frozen ethyl alcohol ice
cream product containing more than ½ of 1% alcohol by volume.
• [0107]
f) three parts vodka, one part coffee liqueur, producing a frozen ice cream beverage known as a white
Russian, creating a frozen ethyl alcohol ice cream product containing more than ½ of 1% alcohol by
volume.
• [0108]
g) equal parts whiskey and coffee liqueur, producing a frozen ice cream beverage known as a whiskey
and cream, creating a frozen ethyl alcohol ice cream product containing more than ½ of 1% alcohol by
volume.
• [0109]
h) two parts root beer schnapps and one part Neapolitan, producing a frozen ice cream beverage known
as a root beer float, creating a frozen ethyl alcohol ice cream product containing more than ½ of 1%
alcohol by volume.
• [0110]
I.one part creme de banana and one part white cream de cacao, producing a frozen ice cream
beverage known as a banshee, creating a frozen ethyl alcohol ice cream product containing more than
½ of 1% alcohol by volume.

I. [0111]
j) two parts whiskey, four parts white creme de menthe, one part vanillin, producing a frozen ice cream
beverage known as an Irish mint cream, creating a frozen ethyl alcohol ice cream product containing
more than ½ of 1% alcohol by volume.
I. [0112]
k) one part vodka, three parts peach schnapps, and eight parts peach puree, producing a frozen ice
cream beverage known as a fuzzy navel, creating a frozen ethyl alcohol ice cream product containing
more than ½ of 1% alcohol by volume.
I. [0113]
l) two parts coffee liqueur, one part whiskey and eight parts chocolate syrup, producing a frozen ice
cream beverage known as a mud pie, creating a frozen ethyl alcohol ice cream product containing more
than ½ of 1% alcohol by volume.
I. [0114]
m) four parts rum, four parts pineapple puree, three parts pineapple juice and one part coconut creme
and one part orange juice, producing a frozen ice cream beverage known as a pina colada, creating a
frozen ethyl alcohol ice cream product containing more than ½ of 1% alcohol by volume.
I. [0115]
n) one part white creme de menthe, one part dark creme de cacao, and two parts chocolate syrup,
producing a frozen ice cream beverage known as a chocolate grasshopper, creating a frozen ethyl
alcohol ice cream product containing more than ½ of 1% alcohol by volume.
I. [0116]
Furthermore, any edible flavoring system that pleases or displeases the palate can be combined with
alcohol of any derivation to form unique flavoring systems which, when combined with ice cream mix
in this process, will create a new product, with alcohol, that can be stored long term.
I. [0117]
 The target fat ranges of the final product can be obtained through utilization of a variety of milk fat
containing products. Whey and other diary product sources of solids could be substituted for milk
solids. Further, this process could be used to produce other frozen or semi-soft dairy and non-dairy
dessert products.
I. [0118]
Accordingly, the scope of the invention should be determined not by the embodiment(s) illustrated, but
by the appended claims and their legal equivalents.

Claims (32)

I claim:
1. . A stabilizing ice cream mix blend comprising dairy product solids, thermoreversible gum,
natural or synthetic digestible gum, and a gum which contributes to the formation of a
thermoreversible gel whereby said stabilizing ice cream mix blend, when combined prior
to a freezing process with both
a) an ice cream mix formulation, and
b) subsequently with ethyl alcohol,
stabilizes the ethyl alcohol in a stable ice cream type product.
1. . The stabilizing ice cream mix blend of
claim 1
wherein said thermoreversible gum comprises carrageenan and said gum which contributes
to the formation of a thermoreversible gel comprises xanthan gum, gellan gums, and
mannan gums.
1. . The stabilizing ice cream mix blend of
claim 2
wherein said mannan gum is selected from the group consisting of locust bean gum, guar,
konjac gum, tara gum and cassia gum.
1. . The stabilizing ice cream mix blend of
claim 1
wherein said natural or synthetic digestible gum comprises cellulosic resin.
1. . The stabilizing ice cream mix blend of
claim 1
wherein said natural or synthetic digestible gum comprises a material selected from the
group consisting of liquid carbohydrates, glycerin, alkylene glycols, sorbitol, sorbitol
solution, maltitol, lactitol, xylitol, corn syrup solids, and polyols.
1. . A method for stabilizing an ice cream mix blend comprising adding a stabilized ice cream
blend comprising:
a) dairy product solids,
b) a gum which contributes to the formation of a thermoreversible gel, and
c) natural or synthetic digestible gum
to an ice cream mix, forming a stabilizing ice cream mix comprising said stabilized ice cream
blend and said ice cream mix, then adding a flavoring composition comprising ethyl alcohol to
said stabilizing ice cream mix to form a pre-ice cream composition, then freezing the pre-ice
cream composition.
1. . The method of
 claim 6
wherein the ethyl alcohol is stabilized in a homogeneous frozen ice cream type mass by said
stabilized ice cream blend.
1. . The method of
claim 6
wherein said thermoreversible gum comprises carrageenan and said gum which contributes
to the formation of a thermoreversible gel comprises xanthan gum, gellan gums, and
mannan gums.
1. . The method of
claim 6
wherein said mannan gum is selected from the group consisting of locust bean gum, konjac
gum, tara gum, guar and cassia gum.
1. . The method of
claim 6
wherein said natural or synthetic digestible gum comprises cellulosic resin.
1. . The method of
claim 6
wherein said natural or synthetic digestible gum comprises a material selected from the
group consisting of liquid carbohydrates, glycerin, alkylene glycols, sorbitol, sorbitol
solution, maltitol, lactitol, xylitol, corn syrup solids, and polyols.
1. . The method of
claim 7
wherein said thermoreversible gum comprises carrageenan and said gum which contributes
to the formation of a thermoreversible gel comprises xanthan gum, gellan gums, and
mannan gums.
1. . The method of
claim 7
wherein said mannan gum is selected from the group consisting of locust bean gum, konjac
gum, tara gum and cassia gum.
1. . The method of
claim 7
wherein said natural or synthetic digestible gum comprises cellulosic resin.
1. . The method of
claim 7
wherein said natural or synthetic digestible gum comprises a material selected from the
group consisting of liquid carbohydrates, glycerin, alkylene glycols, sorbitol, sorbitol
solution, maltitol, lactitol, xylitol, corn syrup solids, and polyols.
1. . The stabilizing ice cream mix blend of
claim 2
wherein said basic stabilizing ice cream mix is pasteurized.
1. . The stabilizing ice cream mix blend of
claim 3
wherein said basic stabilizing ice cream mix is homogenized, before or after pasteurization.
 1. . The stabilizing ice cream mix blend of
claim 4
wherein said homogenized basic stabilizing ice cream mixture is cooled to less than 40
degrees Fahrenheit and above freezing and stored for one to several days to allow milk
protein hydration.
1. . The stabilizing ice cream mix blend of
claim 5
wherein ethyl alcohol flavoring systems which have been chilled are admixed and blended
into said stabilizing ice cream mix.
1. . The stabilizing ice cream mix blend of
claim 2
, further including the addition of alcohol flavoring systems, which have been chilled to
below 40 degrees F., to the stabilizing ice cream mix prior to the freezing process.
1. . The stabilizing ice cream mix blend of
claim 2
, wherein the stabilizing ice cream mix comprises high solids content comprising milk
solids and/or whey solids.
1. . A method of forming a basic stabilizing ice cream mix in preparation for the admixture
therewith of an ethyl alcohol and subsequent freezing of said basic stabilizing ice cream
mix and the admixture of flavored alcohol, comprising the steps of:
(a) preparing a stabilizer blend mix comprised of:
I dairy product solids in the form of milk solids and whey solids equal to about 5-20% of
the stabilizer blend mix by weight
ii thermoreversible gum equal to about 20-60% of the stabilizer blend mix by weight
iii cellulose gum equal to about 20-60% of the stabilizer blend mix by weight and
iv a gum which contributes to the formation of a thermoreversible gel equal to about 5-20%
of the stabilizer blend mix by weight
b) preparing a basic stabilizing ice cream mix comprising of
I 2-5% fat content milk which is about 35 to 55% of the basic stabilizing ice cream mix by
weight
ii 25-50% fat content cream which is about 25-45% of the basic stabilizing cream mix by
weight
iii non fat dry milk which is about 2-6% of the basic stabilizing ice cream mix by weight
iv granulated sugar which is about 5-20% of the basic stabilizing ice cream mix by weight
v flavoring as about 0 to 5% of the basic stabilizing ice cream mix by weight
vi stabilizer blend mix which is about 0.05% to 2.5% of the basic stabilizing ice cream mix
by weight
c) pasteurizing the basic stabilizing ice cream mix
d) homogenizing the pasteurized basic stabilizing ice cream mix before or after pasteurization
e) then cooling the basic stabilizing ice cream mix to less than 40 degrees Fahrenheit and
storing it for at least two hours
f) then after storage, adding ethyl alcohol flavoring systems to said basic stabilizing ice cream
mix to create a final stabilized ethyl alcohol ice cream mix
g) then freezing the final stabilized ethyl alcohol ice cream mix.
1. . A method of forming a basic stabilizing ice cream mix in preparation for the admixture
therewith of an ethyl alcohol and subsequent freezing of said basic stabilizing ice cream
mix and the admixture of flavored alcohol, comprising the steps of:
(a) preparing a stabilizer blend mix comprised of:
I dairy product solids in the form of milk solids and whey solids equal to about 5-20% of
the stabilizer blend mix by weight
ii thermoreversible gum equal to about 20-60% of the stabilizer blend mix by weight
iii cellulose gum equal to about 20-60% of the stabilizer blend mix by weight and
iv gum which contributes to the formation of a thermoreversible gel equal to about 5-20%
of the stabilizer blend mix by weight
b) preparing a basic stabilizing ice cream mix comprising
I) 3-4% fat content milk which is about 40-50% of the basic stabilizing ice cream mix by
weight
ii) 35-45% fat content cream which is about 30-40% of the basic stabilizing cream mix by
weight
iii) non fat dry milk which is about 3-4% of the basic stabilizing ice cream mix by weight
iv) granulated sugar which is about 12-18% of the basic stabilizing ice cream mix by weight
v) flavoring which is about 0.05 to 3% of the basic stabilizing ice cream mix by weight
vi) stabilizer blend mix which is about 0.05% to 1.5% of the basic stabilizing ice cream mix
by weight
c) pasteurizing the basic stabilizing ice cream mix
d) homogenizing the pasteurized basic stabilizing ice cream mix before or after pasteurization
e) then cooling the basic stabilizing ice cream mix to less than 40 degrees Fahrenheit and
storing it for twelve hours to four days during which milk protein hydration occurs
f) then after storage, adding chilled ethyl alcohol flavoring systems to said basic stabilizing ice
cream mix to create a final stabilized ethyl alcohol ice cream mix, and
g) then freezing the final stabilized ethyl alcohol ice cream mix.
1. . The method of
claim 23
creating a frozen ethyl alcohol ice cream product containing more than ½ of 1% alcohol by
volume wherein the ethyl alcohol flavoring system is selected from the group consisting of
a) approximately equal parts green creme de menthe and white creme de cacao,
producing a frozen ice cream beverage known as a grasshopper,
b) approximately equal parts brandy and dark creme de cacao, producing a frozen ice
cream beverage known as a brandy Alexander,
c) approximately equal parts creme de noyaux and white creme de cacao, producing a
frozen ice cream beverage known as a pink squirrel;
d) equal parts of Neapolitan and white creme de cacao, producing a frozen ice cream
beverage known as a golden caddy;
e) approximately two parts vodka, one part triple sec, one part grenadine and one part
white cream de cacao, producing a frozen ice cream beverage known as a velvet
hammer;
f) approximately three parts vodka and one part coffee liqueur, producing a frozen ice
cream beverage known as a white Russian;
 g) approximately equal parts whiskey and coffee liqueur, producing a frozen ice cream
beverage known as a whiskey and cream;
h) approximately two parts root beer schnapps and one part Neapolitan, producing a
frozen ice cream beverage known as a root beer float;
I) approximately one part creme de banana and one part white cream de cacao,
producing a frozen ice cream beverage known as a banshee;
j) approximately two parts whiskey, four parts white creme de menthe, one part vanillin,
producing a frozen ice cream beverage known as a Irish mint cream;
k) approximately one part vodka, three parts peach schnapps, and eight parts peach
puree, producing a frozen ice cream beverage known as a fuzzy navel;
l) approximately two parts coffee liqueur, one part whiskey and eight parts chocolate
syrup, producing a frozen ice cream beverage known as a mud pie;
m) approximately four parts rum, four parts pineapple puree, three parts pineapple juice
and one part coconut creme and one part orange juice, producing a frozen ice cream
beverage known as a pina colada; and
n) approximately one part white creme de menthe, one part dark creme de cacao, and
two parts chocolate syrup, producing a frozen ice cream beverage known as a chocolate
grasshopper.
1. . The method of
claim 22
wherein said thermoreversible gum comprises carrageenan and said gum which contributes
to the formation of a thermoreversible gel comprises xanthan gum, gellan gums, and
mannan gums.
1. . The method of
claim 22
wherein said mannan gum is selected from the group consisting of locust bean gum, konjac
gum, tara gum and cassia gum.
1. . The method of
claim 22
wherein said natural or synthetic digestible gum comprises cellulosic resin.
1. . The method of
claim 22
wherein said natural or synthetic digestible gum comprises a material selected from the
group consisting of liquid carbohydrates, glycerin, alkylene glycols, sorbitol, sorbitol
solution, maltitol, lactitol, xylitol, corn syrup solids, and polyols.
1. . A stable alcohol-ice cream product comprising dairy product solids, alcohol flavoring,
thermoreversible gum, natural or synthetic ingestible gum, and a gum which contributes
to the formation of a thermoreversible gel, whereby said product does not separate during
refrigeration at 20 to 30 degrees Fahrenheit for one week.
2. . The stable alcohol-ice cream of
claim 29
wherein said thermoreversible gum comprises carrageenan and said gum which contributes
to the formation of a thermoreversible gel comprises xanthan gum, gellan gums, and
mannan gums.
1. . The stable alcohol-ice cream of
claim 30
 wherein said mannan gum is selected from the group consisting of locust bean gum, konjac
gum, guar, tara gum and cassia gum.
1. . The stable alcohol-ice cream of
claim 29
wherein said natural or synthetic ingestible gum comprises cellulosic resin.

Cited By (9)

Publication numberPriority datePublication dateAssigneeTitle

US20030215548A1 *2002-05-182003-11-20Stana Mihajlovic Method of preparation of ice cream type
products containing 0.5% to 40% by weight of ethyl alcohol or alcoholic beverages
US20050008754A1 *2003-04-112005-01-13Sweeney John F.Pellet systems for preparing beverages
EP1727439A2 *2004-01-132006-12-06SPI Polyols, Inc.Ice cream and ice cream formulations
containing maltitol
US20080041070A1 *2006-08-212008-02-21Luke JohnsonAlcohol infused ice cube apparatus and
methods
US20110020507A1 *2009-07-212011-01-27Cp Kelco U.S., Inc.Protein stabilizer systems comprising
carrageenan for weakly acidic flavored milk drinks
US20110070336A1 *2007-04-232011-03-24Pepsico,Inc.Stabilizer System For Food And Beverage
Products
CN101138380B2006-09-062011-09-07深圳市海川实业股份有限公司Rum soft ice cream and method
of preparing the same
WO2016061331A1 *2014-10-152016-04-21Jbl Holdings, Ii, Inc.Ice cream incorporating alcohol
US9339050B22011-11-212016-05-17Conopco, Inc.Process for producing shaped frozen confections
Family To Family Citations
* Cited by examiner, † Cited by third party, ‡ Family to family citation

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Priority And Related Applications

Parent Applications (1)

ApplicationPriority dateFiling dateRelationTitle

US242642941994-05-131994-05-13Continuation-In-Part

Priority Applications (3)

ApplicationPriority dateFiling dateTitle

US242642941994-05-131994-05-13US Provisional Application
US927580971997-09-081997-09-08US Provisional Application
US098501531994-05-132001-05-08Stabilization process for combining ethyl alcohol and ice cream

Applications Claiming Priority (1)

ApplicationFiling dateTitle
US098501532001-05-08Stabilization process for combining ethyl alcohol and ice cream

Legal Events

DateCodeTitleDescription
2001-05-08ASAssignment
Owner name: THE ICE CREAM BAR, INC., MINNESOTA
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:ORRIS, DARYL
J.;CHAPPELL, RULON;REEL/FRAME:011794/0437;SIGNING DATES FROM 19990119 TO
19990120

Product Development

In 1993 Dr. Orris was President & CEO of Viking Creative Concepts, Inc. and was agency of

record for Phillips Products Company a Distilled Spirits Manufacturer who directed the

agency to develop a campaign to market its line of Cordials and Liqueurs. At that same time

the Agency was also agency of record for Green Giant, a business of The Pillsbury Company.
Research began in 1993 by the product inventor Daryl J. Orris, Ph.D., with final empirical

experimentation conducted at the University of Minnesota Pilot Plant in February 1994. After

creating the formula and methods of manufacture Orris assembled a research team made up

of leading dairy-food scientists: Rulon Chappell, Ph.D. (former head of R-Tech, Land

O’Lakes research and development arm), Charlie Pyne, Ph.D. (food scientist who developed

the stabilization system for Bailey’s Irish Cream – and who conducted failed research in this

area for Hood ice cream in the 1960’s), Raymond Miller, M.S. (Director of the University of

Minnesota Pilot Plant where the experimentation and empirical research was conducted),

David Smith, Ph.D. (Professor of Food Science University of Minnesota and Professor of Ice

Cream at the University of Wisconsin at Madison – preeminent ice cream scholar), Remesh

Chandan, Ph.D. (food scientist with stabilization research, and in combining distilled spirits

in eggnogs expertise), William Stoll, Ph.D. (food scientist for Green Giant with research into

frozen foods and dairy foods) – all with the intent to commercialize the new technology.

The research yielded positive results and proofs -- that from the research hypotheses it was

determined that it is possible to stabilize the alcohol molecule from interacting with milk

proteins and ice crystals, making it possible to mass produce ice cream with a 20% distilled

spirits flavoring system in thirty-three separate and distinct formulas and by using specific

and distinct manufacturing methods and techniques. Following the laboratory success the

company was formed, incorporated and a patent application submitted to the U.S. Patent and

Trademark Office. The Ice Cream Bar, Inc. (ICB) was incorporated in the State of Minnesota

in February 1994. Successive tests/experiments conducted at the University of Minnesota

Pilot Plant were for flavor changeovers, and for government compliance and manufacturing

methods for regulatory exceptions and exemptions of CRF 27 rules and regulations pertaining

to the manufacture of distilled spirits products. Multiple experiments were conducted to

perfect the product taste profiles, texture/processes, including the most recent flavor analysis

conducted in 2001.

Initial product research included three independent Focus-Groups where the product was

presented yielding these results: 100% said they would purchase such a product when

presented the concept; After sampling the product, 100% rated the product as excellent the

highest rating; 100% said they would re-purchase the product after tasting it; and, 100% said

they would go where liquor is sold to purchase it – understanding that it could not be sold

next to ice cream.

Thousands of taste samples were given in taste-tests and at trade shows with the very same

results stated above. Product research testing concluded with the advancement of a new

technology and a new class of products: Frozen Distilled Spirits -- Liquor Ice Cream. Based

upon consumer research, promotional and marketing materials were created to market the

product to retailers and to consumers.

Production

ICB then partnered with a Minnesota Dairy Company called The Central Cooperative of

Minnesota (CCM) located in Sauk Centre Minnesota. It is a dairy cooperative of dairy

farmers who have herds, a creamery, and an ice cream production plant. ICB had received

two grants from the Agricultural Utilization Resource Institute (AURI – a non-profit

organization of the Minnesota Department of Agriculture, funded by the State of Minnesota)

-- $10,000.00 and $100,000.00 that had facilitated the relationship and funded both

organizations. AURI determined that ICB represented a value-added dairy product that would
increase dairy production in the state and country and be incremental to the ice cream

industry. Dr. David Smith and Dr. Bill Stoll (both officials of the State – later to become ICB

employees as paid consultants) worked with CCM to establish production of the new product

now named Blend’s®. A Blend’s production line was built, refined and inspected by State and

Federal regulatory officials – Minnesota Department of Agriculture, Minnesota Beverage

Alcohol Control, Food and Drug Administration, Bureau of Alcohol, Tobacco and Firearms.

The resulting empirical research conducted at CCM proved that Blend’s ice creams could be

mass-produced, warehoused and distributed, legally, and nationally, for a profit. The product

had now been made-up in the laboratory (University of Minnesota Pilot Plant) several times,

and now mass-produced in an Ice Cream Production Plant (proving that the formulas and

mass-production can be reproduced outside of the laboratory making commercialization of

the process possible anywhere in the world. An inventory of product in nine flavors was

produced and warehoused at CCM. The CCM plant became licensed by the State of

Minnesota Department of Agriculture, Minnesota Beverage Alcohol Control, The U.S. Food

and Drug Administration, and The U.S. Bureau of Alcohol, Tobacco and Firearms operating

as a federally regulated distilled spirits plant: DSP-29-MN.

The ICB production facility was licensed by the Minnesota Alcohol Control, and was

certified as a Distilled Spirits Plant (DSP-29-MN) reporting to the State of Minnesota and to

the ATF on a monthly basis – with spot inspections by FDA, ATF, and Minnesota Agriculture

and Alcohol regulatory agencies. Discussion with the now TTB (replacing ATF after the new

Homeland security act) have been conducted concerning establishing a new Distilled Spirits

Plant permit with Wells Dairy in Iowa – new paperwork will be required and a production

line inspection and warehouse inspection will be required by both TTB and the State of Iowa

Department of Agriculture. No such regulatory compliance is required in China or in Hong

Kong for the proposed production of Blend’s. Product shipped from Guangdong China or the
Hong Kong facility to Japan requires product review by the Japanese Department of Health –

this process is carried out by the Japanese distributor or retailer as agents of ICB.

Product Branding and Marketing

The resulting research had established initial parameters to ensure that the positioning

statement “made the same way it is made in America’s finest bars and restaurants using real

liquors and liqueurs and rich super-premium ice cream,” was adhered to and was then

applied to the resulting product positioning. Dr. Orris owned an advertising agency that

specialized in food and beverage marketing having several large international food

corporations as clients. One of the agency’s specialties was branding, and new product

introductions – product naming, branding and positioning. The name Blend’s® was

trademarked, as was the positioning statement: The Original Adult Ice Cream®…made in

Classic Ice Cream Drink Flavors. A complete Brand Package was created for the new

category and class of products that included: Promotional Campaign – advertising, public

relations, promotion, merchandising, marketing materials, design work for logo and

packaging. An Internet web site was created and launched to begin marketing the product

internationally utilizing the then new Internet medium – www.blendsicecream.com becoming

one of the very first companies to engage in Internet e-commerce. Much of the design was

dictated by the AFT and FDA as not to appear to be targeting children.

Most companies have to pay for marketing and promotion. But because Orris owned and

operated an advertising agency all of this work was done gratis for ICB. Similar work done

for the agency’s clients would have cost: Website design, concept, production, and launch/

maintenance $1-2MM; Brand development $250K; Public Relations Campaign $250K;

Advertising Campaign $500K–sans media; Design and Packaging $500K, Marketing

Materials $150K, Merchandising $100K. It should be noted that Branding and Marketing
work has never been directly included in the valuation of ICB – but is instead calculated and

included as part of the Intellectual Property of the company.

Regulatory and Legal Compliance

The resulting package designs were submitted to the U.S. Bureau of Alcohol, Tobacco and

Firearms for label approval with formulas and label approval for all 33 formulas – resulting

in Certificates of Label Approval which were in turn submitted to individual State Alcohol

Beverage Control Agencies along with the Distilled Spirits Plant certificate for individual

state licenses and permits. Formulas and labels are approved and on file with the TTB/ATF

now – these are not annual but life of the product submissions. All other licenses and permits

are annual and all require renewal or re-application. Each state has different compliance and

reporting requirements. William A. Blonigan, ICB Corporate Attorney, has contacted all state

Alcohol Beverage Control agencies and is the individual responsible for ensuring individual

state and all federal compliance issues are met for the company. Mr. Blonigan instructs

Production Personnel on compliance and reporting requirements – and on all legal issues that

affect the product and company. Mr. Blonigan also supervises the company’s patent and

trademark attorneys.

At first the FDA and ATF vigorously fought against Blend’s approval citing that it would

increase US alcohol consumption now in decline, and it would encourage people to consume

alcohol products – a starter drug, and because it would encourage under-aged persons to

desire to consume it because of its strong association and similarities to ice cream. Then FDA

Director Dr. David Kessler championed the initial backlash against Blend’s. Dr. Kessler is

credited for bringing the powerful tobacco industry to its knees. Kessler was quoted as saying

that alcoholic ice cream would not be allowed on his watch. He ultimately lost and it was
approved. While the ATF and FDA at first opposed Blend’s they soon came to realize that

while Blend’s is the worlds first ever mass-produced ice cream drinks in a new frozen-solid

form, it is not the first ice cream drink. Ice Cream drinks are made throughout the United

States in bars and restaurants and in homes since the 1920’s with their first introduction to

America in the 1860’s. To prohibit Blend’s would amount to selective prohibition, and

constitute unequal protection under the law. And it would also challenge the 1933 Federal

Alcohol Administration Act and the repeal of prohibition itself. Not wanting to address these

legal and constitutional issues, the federal agencies instead focused on compliance to Federal

Code of Regulations CRF titles 21 and 27 as a means to keep Blend’s out of the market. It

was through these bureaucratic regulations that they had planned to deny Blend’s and ICB to

produce and distribute the product. Both regulatory organizations claimed that groups had

lobbied against Blend’s and that there was a public outcry against the new technology and

resulting product even though the product had not yet been commercialized or introduced

through any retail outlet. Just the thought of such a product terrified them, and other

prohibitionists, such as Mothers Against Drunk Driving, and the religious right. ICB has

always sided with these groups expressing its shared concerns as part of its Crisis

Management Plan.

ICB demanded that problems with ice cream drinks be made public, and that complaints from

groups and individuals be made public as well. Everything cited against the company was

hearsay and conjecture with no documented proof of any kind. No complaint against ice

cream drinks ever existed, nor any evidence that ice cream drinks have caused or will cause

problems in the United States or in the world was presented. Ice Cream Drinks have never

been shown to cause any problem or resulting violation of any law. Compare that to Beer,

Distilled Spirits, or Wine. This single, amazing fact, stopped resistance from Federal and

State control/regulatory agencies. As part of ICB’s Crisis Management Plan, the company
strives for public disclosure and telling the truth. All social and business operations are

disclosed with ICB concerned about the very same issues of misuse, abuse of the product,

under-aged purchase and consumption, and any abuse of legal alcohol and drugs, as these

organizations have. Management is concerned with these social issues in the same way that

the government and social action groups are – short of advocating the complete prohibition of

alcohol. ICB will work with any group concerned with misuse, abuse of the product, under-

aged purchase and consumption, and any abuse of legal alcohol and drugs – to educate, take

effective action, and to affect change with concern to these important social issues.

In 1999 Blend’s received its Distilled Spirits Plant (DSP) Permit and ATF Label Approvals,

required by all states for individual state licensing. The regulatory hurdles placed in front of

ICB had all been resolved. Blend’s® was now a legally regulated and controlled substance,

as recognized and regulated by the United States of America able to legally produce and sell

its produce anywhere in America, and for export anywhere in the world.

The Federal Distilled Spirits Plant Permit (DSP) procedures and compliance procedures have

been established with the CCM plant – these procedures would apply when the company

commences production at Wells Dairy in Iowa (or any new U.S. plant) and are now part of

federal regulations that will apply to any future competitors.

Asian production and distribution is not regulated by any state or federal entity. However,

should ICB export bulk distilled spirits to Asia, be it bottles or totes, it will have to report to

the TTB/ATF as an exporter and required to post a bond. While the distilled spirits are in

transit from the US to Asia there are “in-bond.” Once they reach the Asian production facility,

an inventory is completed and paperwork is submitted, the process is completed and repeated

as need be.
It was not until 1999 that ICB had passed all regulatory hurdles placed in its way. Both ATF

and FDA stonewalled ICB. But with the help and concerned assistance of then U.S. Senators,

Wellstone and Grahams, from Minnesota, the product received State and Federal regulatory

approvals. ATF and FDA Directors were not able to stonewall United States Senators and

were forced to answer questions about interfering in the approval process because of the

product’s uniqueness and difference from both ice cream and distilled spirits – and because of

the threat of constitutional violations it was approved. By 1999 all state and federal

approvals, permits and licenses were in place allowing ICB to commence production and

sales of Blend’s throughout the United States and for export throughout the world.

The product has proven its acceptance by retailers and consumers in taste tests and in a short-

lived Test-Market in Wisconsin. Instead of a problem, it is a taste delight and is not abused as

other beverage alcohol products – by its very nature, being an ice cream type product, it is

filling. Which makes it difficult to abuse. If one wants to become intoxicated, there are much

better ways to do it then with Blend’s. This is not to deny the psychoactive ingredients of

Blend’s. It is a known scientific fact that even a small amount of alcohol has immediate

effects on human beings causing a sense of euphoria and well-being. Imagine the feel good

aspects of ice cream coupled with the psychoactive effects of distilled spirits – Blend’s will

have people dancing in the streets singing its praises.

Intellectual Property

The first patent application was submitted in February of 1994. It was subsequently

abandoned and then a continuance re-submitted, this process has occurred several times. The

Patent was published by the U.S. PTO on November 15, 2001. It was determined because of
the patent time limits of twenty years from the application date it was believed that ICB

should abandon its applications until it was fully capitalized. For example, had the original

application been granted in February 1994, it would be in effect until February 2014,

meaning that in eight years its patent protection would expire. Conversely, because of the

record of the original 1994 application and abandonment and subsequent continuance – ICB

receives full protection of twenty years from resubmission and continuance when the

company is capitalized and ready to place product into the marketplace and has the protection

from the original 1994 submission date.

Phase 1 monies are earmarked for Mark Litman, ICB’s patent attorney, to resubmit a

continuance of the patent application that was published on November 15, 2001 – with the

new application date as the now twenty-year protection period. While the USPTO patent is

international – applications have been submitted in the European Patent Office and granted,

and to Japanese attorneys for submission to the JPO, Japan Patent Office. Trademark

protection for Blend’s, and its flavors – i.e. Blend’s Grasshopper™ Blend’s Brandy

Alexander™ Blend’s Whiskey and Cream™ etc. need to be filed in Asia and Europe to

protect these exclusive names – as well as the positioning statement: The Original Adult Ice

Cream® … made in classic ice cream drink flavors. And other such slogans and positioning

statements.

The next USPTO submission and challenge may reveal much of the proprietary trade secrets

– the last application dealt solely with process and did not address formulation aside from an

analysis of gums. How much of the formulation and process that will remain proprietary will

be established with the granting of the patent. However it should be noted that from its

original introduction to today, no other product has challenged the technology. When the

product was in test-market in Wisconsin, retailers remarked that they never saw anything like
it – when product was placed on the floor, single consumers would buy the entire inventory.

This happened again and again. These mass-purchases were not made by individual

consumers – but instead by agents for manufacturing companies who wanted to learn about

Blend’s. From a chemical analysis of the finished product no one was able to determine

formulation and or process to replicate the product. An analysis of an ice cream drink made

up at a bar or restaurant when compared to a chemical analysis of Blend’s would yield little

or no difference between the two.

In 1994 Mike Rowe, then President of Haagen Dazs was contacted by Dr. Orris to distribute

Blend’s. (Orris and Rowe had worked together in the past when Rowe was then Director of

Marketing for Pillsbury Microwave Products and Orris’ agency Viking Creative Concepts

was its agency of record). Rowe was presented with the opportunity to distribute Blend’s

along with Haagen Dazs under the liquor licenses of its them parent company Grand

Metropolitan of London England, liquor distributing companies.

Instead of seizing the distribution opportunity, Rowe developed a line of ice creams that used

distilled spirits flavors – Haagen Dazs Bailey’s Irish Cream was one flavor, for example. This

product contained less than .05% alcohol by volume – a level where it was considered safe

for a baby to consume – similar to ketchup and other food products that contain alcohol.

Blend’s by contrast containing 20% distilled spirits and are required to pay State and Federal

Excise Taxes for Distilled Spirits -- and have a 21 year-old legal age minimum for purchase

and consumption. The Blend’s knock-off product (make-believe ice cream drink) made by

Haagen Dazs was determined to be misleading by ATF and FDA for consumers because of

the Blend’s product presence – and that Blend’s had been in regulatory review by AFT and

FDA for over a year. Federal regulatory agencies were concerned that consumers would be

confused – because Blend’s appears to be ice cream from all outward appearances, and is
frozen and merchandised like ice cream – that consumers would mistake it for ice cream and

then individuals who react to alcohol and the under-aged may consume it.

Therefore ATF threatened deceptive labeling against the product and FDA would have

confiscated all product on the shelves because the Haagen Liqueur-Flavored ice creams are

confusing and would cause difficulty for consumers in determining the difference between

imitation liqueur flavored ice creams and real liqueur flavored ice creams that are intoxicating

– so instead, Pillsbury the then parent company was allowed to sell-off the existing inventory

without confiscation and discontinued the product line. This illustrates how seriously the

TTB/ATF and FDA take alcoholic beverage products – and their designation as controlled

substances. Knockoffs or pretend beverage products and candy cigarettes are not allowed.

The real thing, Blend’s had established regulatory guidelines for the manufacture/production,

warehousing, distribution, and merchandising of Liquor ice cream. Pretend products will not

be allowed in the U.S.

(It should be noted that the Haagen Dazs product was well received by retailers and by

consumers. Orris had contacts who were senior sales personnel of the Pillsbury Company;

they told him that the liqueur flavored ice creams had high focus group ratings in the low

eighties [Blend’s focus group ratings were 100%] and based upon that research a three month

product inventory was produced for sell-in. On the first day of the sell-in the entire inventory

was sold. The liqueur flavored ice cream was the most successful new product introduction in

the history of the company and vastly outsold the company’s other new product introduction

– a low-calorie version of Haagen Dazs ice creams that had a multi-million dollar

development cost and multi-million support package of TV, magazine and newspaper

advertising – the liqueur flavored ice creams had only minimal magazine promotional

support.) This example should demonstrate that the product concept is strong, and that the
proprietary formulation and process is also strong – in that no company has ever come close

to replicating it. Blend’s is the world’s first and only Liquor Ice Cream. But it should also be

noted from this that ICB has competitors that will stop at nothing to achieve their ends.

Copyrights have been used for all visual and print information including the Internet website,

and even on this document, the company’s historic record.

Formal Licensing Agreements have been drafted and used to license the technology to

interested individuals and companies. Basically the agreement calls for strict compliance to

the Blend’s formulation and production, and brand marketing guidelines -- an annual

licensing fee, and a wholesale product commission ranging from 5-15%. Such an agreement

has been executed between ICB and Pandim Investments of Johannesburg South Africa –

granting it rights for Africa, Greece, Cyprus, and several European countries. This agreement

continues in force at the pleasure of ICB. And ICB is working with several investment groups

that have express an interest in Blend’s for possible licensing of the technology.

Licensing is seen as a profit center for the company and will be an option for the company to

place product in markets otherwise not accessible. Licensing may also be a way to encourage

acquisition or partnering between ICB and competitive companies.

Test-Market

Beginning in 1999 and during 2000 continuing on into 2001, Blend’s were Test-Marketed in

Wisconsin. Saratoga Liquors of Superior Wisconsin was the Liquor Distributor used for the

Test-Market.
Orris has been involve with Test-Markets with The Pillsbury Company, General Mills, Land

O’Lakes, The Schwan Company, Phillips Products Company, and other large food

companies. These test-markets were heavily funded. Generally 100% ACV (all-commodities-

volume) would be attempted in the test-market area with at least one retailer to generate

statistics for overall category analysis. A high ACV would be a valid indicator when

compared to the historic category data to determine the potential of the new category entry.

Also, strong promotional support would be provided with a complete integrated marketing

campaign of Public Relations, Advertising, Promotion, and Merchandising. Resulting data

would then be derived independently from IR - Information Resources and AC Nielsen and

analyzed with an evaluation and plans for larger product introductions and rollouts in other

markets or regions.

Retailer participation was established through slotting allowances and warehouse fees, direct

product allowances and other promotional fees and payments. Because Blend’s is classified

as a liquor product all of these types of inducements are considered illegal and in violation of

the 1933 Federal Alcohol Administration Act which repealed Prohibition. Thanks to Al

Capone and other gangsters, fees are considered commercial bribery. Therefore ICB had to

pay no fees for its Test-Market. (Slotting Allowances are illegal CRF 27, saving ICB millions

upon millions in retail and warehouse slotting fees.*)

(*ICB does not have to pay slotting allowances or fees like ice cream companies do.)

Complete market saturation, with a promotional campaign was not the case with the Blend’s

Test-Market. No promotion was used between retailers and the company, as were no special

price allowances or consumer discounts provided. No advertising or merchandising was

provided to the retailers. A wide variety of accounts were used – exclusive liquor, grocery

chains with beverage alcohol sections, a gaming casino, a restaurant, and several small C-

Store type operations were also used. The Test-Market proved that Blend’s can be sold to
Liquor Distributors, can be sold-in to licensed liquor retailers, and that consumers would

purchase Blend’s exclusive of any type of promotion. The product was merely assigned shelf

space without any sort of promotion. The most striking event of the test-Market was the fact

that retailers repeatedly said that single consumers would purchase the entire inventory of

Blend’s in a single individual purchase. These purchases were primarily made by independent

agents hired by competitors, who wanted to investigate the product.

Unfortunately the Test-Market had to be concluded because of regulatory compliance issues.

Unbeknownst to Orris, the then VP Administration, Del Olson, had violated regulations

pertaining to beverage alcohol products distribution and sales. Olson had taken product from

the Sauk Centre Minnesota Distilled Spirits Plant and delivered them directly to licensed

retailers in Wisconsin. While this seems innocent from any perspective these acts violated

several state and federal laws regulating the sale, distribution, and warehousing of distilled

spirits. Olson continued with this practice until Orris became aware of the situation and

ordered Olson to stop all sales and distribution of Blend’s products – and reported ICB to the

ATF. Explaining the violations to the ATF District Director in Chicago, Orris explained what

had happened: Blend’s product was withdrawn from the DSP warehouse without proper

withdraw reporting (an ATF form requires written destination for the distilled spirits

products) – in this case it reported Saratoga Liquors as the receiver when in fact the product

went directly to Wisconsin licensed retailers bypassing the Wisconsin Public Warehouse

which was suppose to first receive the product upon its entrance into the state. This in-turn

violated Minnesota Distilled Spirit Plant regulations by not complying with Wisconsin state

laws, and an illegal federal withdraw. And then because of violations of Minnesota and

Wisconsin liquor laws, ICB violated federal laws that pertain to following state laws. Thus,

the illegal withdraw, direct delivery and sale to retailers, bypassing the licensed public

warehouse – together defeated the entire concept of a “controlled substance.” It was further
discovered that Olson had also established illegal sales practices with Saratoga Liquors,

Superior Wisconsin, a State and Federally licensed Liquor Distributor. Olson had sold

directly to retailers with direct money exchanges bypassing the three-tier system. Wisconsin

and the US has a 3-teired liquor system of Licensed Liquor Manufacturer, Licensed Liquor

Distributor, and Licensed Liquor Retailer – where manufacturers only sell to distributors who

in turn sell to retailers (controlled states they serve as distributor and sometimes retailer).

Olson sold directly to retailers [a violation of state and federal laws] and had concocted a bill-

back agreement where the distributor received an agreed upon case fee for rubber-stamping

invoices and reporting to the state. Again, this direct selling and kick-back scheme defeated

the controlled substance tracking abilities of state and federal authorities. ICB’s sales and

distribution were completely illegal and in violation of federal and state laws.

The results for ICB were disastrous. In consultation with the ATF Regional Director Orris

fired Olson. ATF praised Orris for coming forward and reporting the violations and for

remedying them. So all permits and licenses were retained and no citations were made. It was

all considered to be a part of establishing a legal precedence for the new category and class of

products. The ATF Regional Director wrote a commendation letter to the then ATF Director

about the incident. So all regulatory problems were resolved, both state and federal, but the

Olson firing was not.

Olson did not take his dismissal well, or as necessary, nor as a resolution to the violations of

state and federal laws as the ATF Regional Director did. No, he did not. Olson immediately

began lobbying key partners, and ICB consultants to oust Orris. The fired Olson began a

palace revolt. It should be noted that Olson was a former business owner who was forced in

Bankruptcy Hearings to turn over his former business to creditors. And, Olson had placed

ICB in a high debt situation with $500,000.00 owed to various suppliers. Orris feared that
Olson was planning on placing him in the same untenable situation where the company was

forced into bankruptcy and Olson with financial backing would take control of the company.

This plot was foiled by Orris’ foresight.

Then CCM announced that it was selling its Creamery (the production facility where Blend’s

was manufactured and warehoused) because of its own financial difficulties. Which meant

that ICB had no production capability and the stored product inventories needed to be

removed from the plants refrigerated warehouse.

And then, even worse, ICB had been contacted by Ito Yokado to conduct a test-market in

Tokyo in its 7-Eleven stores. Why it was worse is that ICB had no back-up inventory to

sustain the flow of product to Japan. The product it had in warehouse was worth $5MM at

retail was nearing expiration (Blend’s is a perishable frozen dairy product with a tested one

year life but like other ice creams, it is desirable to have a 6 month from production to

purchase cycle to account for product not properly rotated at retail or held for extended

periods in the consumers home freezer – a standard established by ice cream producers).

Orris then had to decide whether or not to place near-expiration product in a new market or to

destroy it.

Upon consultation with key ICB management Orris decided that the product should be

destroyed and that only ICB’s best product would be sent to Japan or to any retailer. A

product only has one chance with consumers – if the product is not perfect it diminished the

likelihood of re-purchase. Based upon that fact, Orris began a new Action Plan to satisfy the

Japanese market. At the time that plan called for Wells Dairy to be the co-packer. It should be

noted that the product was offered to a Florida distributor for sampling or promotion; but he
declined stating that he had no desire to offer dated product to anyone, free or otherwise. The

product was destroyed with ATF Agents on site to verify the destruction of the product in a

landfill and the dumping and transfer of bulk distilled spirits that were stored at the plant as

ingredients.

Prior to Olson’s dismissal, ICB management, Daryl Orris, Bill Blonigan, Del Olson, and

Bobbie Fern went to Wells Dairy and discussed production of Blend’s at Wells and the

Japanese market opportunity. Dan Wells, President & CEO of Wells Dairy and Norma Orton

Vice President, meet with ICB and sampled the Blend’s product. After the meeting ICB

management toured the plant. A co-packing agreement was presented to Orris and Wells

terms were identified. From this meeting and tour it was decided that U.S. production would

now be at Wells as the company had now identified the world’s two largest retailers as

customers – both of whom would require plant tours prior to purchase. The largest ice cream

manufacturing facility in the world shows very well and would assure high quality control

and unlimited production volumes – both real concerns for these retailers. The concern is that

new or small producers will not be able to meet volume demands of the large retailer and that

quality control issues will upset sales. These issues are completely resolved by having Wells

as ICB’s U.S. co-packer.

The terms required commitments for multiple flavors and huge volumes. When Orris

requested lower volumes – Dan Wells then told him that these are the same terms extended to

other Ice Cream Companies and that he did not want to be in a position where he had given

ICB special terms. It is Dan Wells belief that Blend’s will do well in the US market and that

aiding ICB will destroy or otherwise upset the current co-packing business it now enjoys by

creating bitterness between competitors. The best that he could offer was the very same terms

offered to other companies that use Wells as a co-packer. That includes Haagen Dazs. Some
special terms apply to the start-up but basically their co-packing business is geared solely for

large producers.

These volumes required additional operating capital, which ICB did not have – also, ICB was

carrying a $500K debt load. And – the resulting production inventory is held at Wells until

sales are consummated after the production – a Catch 22 situation where an inventory has to

be produced for sale without any guarantee that it will be sold, mirroring the situation that

had occurred with CCM. (Pre-sale/retailer special terms are illegal CFR 27 – sales must be

three-tier where liquor distributors cannot make advanced sales to licensed retailers because

of state and federal excise tax collection and administration.)

Olson began lobbying shareholders (who comprise under 5% of common shares) and ICB’s

suppliers that Orris be ousted in favor of him. His major complaint was that Orris ordered the

ATF supervised destruction of Blend’s product that had a $5MM retail value when the

company was facing financial difficulties. That Orris’ actions placed the company in financial

ruin and were financially irresponsible. Conversely, ICB’s troubles were all financial, and

Olson was the CFO responsible for the company’s financial crisis, so his position was very

weak to say the least. Olson was terminated from the board too.

Beginning in 2000 Orris began working with creditors and suppliers and was able to

negotiate transactions where creditors accepted company shares for debt. Orris was able to

keep ICB solvent and wrote a new business plan to refinance the company to enable it to

realize the significant opportunities it had developed – interest in Blend’s by the world’s two

largest retailers, Wal-Mart and Ito Yokado, and other leading retailers.
In discussions with Wal-Mart’s, then Vice President of the Food Division Don Williams,

Williams told Orris that Wal-Mart is a distribution company and not to worry about Licensed

Liquor Distributors. Meaning that prior company efforts were concerned with building

logistics – national warehousing, developing a national Licensed Distributor sales force, and

Refrigerated Trucking for delivery to refrigerated warehouses, and for smaller load

refrigerated delivery and store-door delivery by independent drivers operating out of regional

refrigerated warehouses – was no longer needed with Wal-Mart.

Now with Wal-Mart, and Wells Dairy as co-packer (Wells being the Wal-Mart private label

supplier for dairy products) ICB could piggyback on Wells distribution system to all Wal-

Mart stores. With Ito Yokado, a similar system is in place, it handles warehousing and store-

door delivery. The new marketing approach changed dramatically from building logistics

store by store, to market area by region – now became a non-issue because of Wal-Mart’s

closed loop distribution system that included Wells Dairy.

Orris continued this approach but early in 2004 he was forced to accept work to support

himself – Orris has never taken a salary from ICB. From 2004 to 2006 Orris was a Visiting

Professor teaching Public Relations and Advertising at Hong Kong Baptist University. It was

in Hong Kong that he met Eric Li, Chairman of the Kowloon Dairy and created the Blend’s

Asia Plan.

Blend’s Asia

The Blend’s Asia Plan makes it possible to launch ICB with a much smaller operating budget

of $550K – pre-sales are allowed. Data from the Japanese market is then used to develop the

US market beginning with Wal-Mart, using Chinese samples and pricing for presentation.
The process first begins with a Test-Run where Blend’s is produced in the co-packer’s

production facility so they can develop a contract price. That contract price is then used by

ICB to develop its Pricing Analysis to complete its financials. With the Test-Run ICB can

then do a price analysis and create its price sheet allowing it to offer pricing and product to

Ito Yokado. The sales presentation will include a full-stocked spot-freezer of several Blend’s

varieties for sampling and for a merchandising presentation. The same methods will be used

for Wal-Mart and other large retailer presentations. Blend’s sell themselves when properly

merchandised and presented. Manufacture in China also gives ICB leverage with Wells Dairy

– that being the threat of importing Chinese manufactured Blend’s for Wal-Mart and other

leading US retailers. Now, late 2006, Orris is raising operating capital for a Three-Phase Plan

to commercialize Blend’s: Phase 1-$550K – Blend’s Asia; Phase 2-$3.5MM – Blend’s Wal-

Mart; and, Phase 3- $1.5MM – Blend’s USA rollout to achieve 100% US ACV. As all R&D

is completed, ICB will be immediately profitable. Based upon its market performance and

inventories, any further financing can be debt financing using inventories, materials and other

physical assets for security. It is believed that it will gain favorable terms from co-packers so

that future financing will not be necessary.

This is an accurate history of ICB and its development to date. The company’s major hurdles

have been regulatory and financial. Its product has remained unchanged from 1994; Blend’s®

has proven it is a success with distributors, retailers, and consumers.

The new top down marketing plan that has the company marketing to the world’s largest

retailers was serendipity, we could not have anticipated beginning with them until they had

contacted us first. Now the company’s efforts are directed at realizing that opportunity –

beginning with Blend’s Asia Plan, then Wal-Mart.

Summary

The Ice Cream Bar, Inc. (ICB) has developed a new product technology and brand that is

now ready for commercialization and product launch. The company has developed two

significant opportunities with the world’s two largest retailers Wal-Mart and Ito Yokado. The

company has achieved all regulatory hurdles and is ready to produce its product, Blend’s®

and distribute it throughout Asia and in the United States.

Of all of the difficulties the company has faced, the most dire was when its founder

abandoned the company in 2004 to pursue an academic career. ICB remained stagnant until

revived in 2006 by Orris’ decision to raise operating capital to realize the partnering

opportunity he developed with Eric Li of the Kowloon Dairy to produce Blend’s for the

Japanese market – while he was in Hong Kong CHINA.

The company is now raising operating capital to produce an inventory of product for

resale -- sales & marketing, and administrative expenses following the Blend’s Asia

Plan.

Postscript

The Ice Cream Bar, Inc. (ICB) has developed a new product technology and brand that is
now ready for commercialization. The company has developed two opportunities with the
world’s two largest retailers Wal-Mart and Ito Yokado.

The company has achieved all regulatory hurdles and is ready to produce its product,
Blend’s® and distribute it throughout Asia and in the United States.

Of all of the difficulties the company has faced, the most dire was when its founder
abandoned the company in 2004 to pursue an academic career. ICB remained stagnant until
revived in 2006 by Orris’ decision to raise operating capital to realize the partnering
opportunity he developed with Eric Li of the Kowloon Dairy to produce Blend’s for the
Japanese market – while in Hong Kong CHINA. In October 2006 Kowloon Dairy withdrew
from the project. ICB is now raising $5.5MM for capital to launch.

The company is now raising operating capital to produce an inventory of product for resale --
sales & marketing, and administrative expenses.
This history represents a true and sequential history of the company and its many milestones.
The opportunity it has made for itself today is to open up a huge worldwide market for the
new technology it invented, Blend’s® the original adult ice cream®.

In Minneapolis 2007
By its President & CEO
Daryl J. Orris, Ph.D.

--30—

See: www.blendsicecream.com for product and company information.

Contact Daryl Orris and ICB at [email protected]
©2006 The Ice Cream Bar, Inc. All rights reserved.