The give command does not work for unused potions, it gives a normal potion, except for potions with water bottle texture, despite the presence of
{CustomPotionEffects:[]}.
http://minecraft.gamepedia.com/Potion#Unused_potions
I thought of a problem of 1.8, but the bug is not present in singleplayer and vanilla server.
Sorry for my bad english, I'm french.