As the law is currently written by the TTB in the United States, any fermented beverage that has its sugar sources coming from AT LEAST 50% barley, is considered a beer, regardless of the alcohol content
As such, freeze distilling is illegal in the United States still to this day, and through heat distillation, you are required to get a distillers license and pay distillers taxes, therefore its no longer "beer" by law, its a distilled mash that just happens to consist of barley
That is why you will never see any of those beers that are freeze distilled from scotland produced that way in the US. It is laws that are still in practice from Prohibition
And yes, I do have a bottle of Utopias, as well as a bottle of Tactical Nuclear Penguin, and I have also tried Sink the Bismark and The End of History, which was 55% alcohol, and until this current beer, was the highest in the world.