It's a novel defense, but alas a losing defense. An Iowa City bar attempted to fight a charge of selling alcohol to a minor by claiming that Jell-O shots are not a beverage and thus the bar had not broken any laws (via Crime Scene KC).
Administrative Law Judge Laura Lockard issued an eight-page ruling that stated that once the Union Bar added vodka to the Jell-O, an alcoholic beverage had been created. Although Lockard stated in her opinion that "there might be some debate in another context as to whether Jell-O is a food item or beverage." So fair reader, which is it? Food? beverage? All of the above? Weigh in below.