LABEL APPROVAL AND BRAND REGISTRATIONS

Federal Label Approval: Prior to the bottling of product by a domestic manufacturer or the importation of product into the United States, a product requires at least label approval and, in some instances, formula approval. When formula approval is required, the federal agency requests a statement of production and list of ingredients as well as lab analysis based on sample submission. Domestic producers also file for formula approvals as required. Federal labels require set mandatory language which include among the following: brand name, class & type, net content statement, alcoholic content statement, government health warning, importer or domestic producer/bottler name and address. All such information is contained in either the brand label and/or back label based on statutory requirements. Our firm is well equipped to file for certificates of label approval (COLA) on line as well as by hand, if deemed necessary. The firm also arranges for pre-import approval letters and, where appropriate, use-up of previously approved labels.

 

State Brand Registrations: Most states will register the brand based on submission of an application for label approval coupled with the federal COLA for such label. Brand registration is most often contingent upon the issuance of shipper’s or similar permits and the appointment of local distributors. Unlike the federal COLA, state registrations are accompanied by a fee. Applicants should be aware that many jurisdictions only permit brand registration by the primary American source of supply (the initial source of supply of product into the U.S. and/or state).

 

Buchman Law Firm, LLP prepares and files federal COLA’s (on-line readily available), review of formula and pre-import (method of production and process statement) as well as label submissions.

 

For clients only, schedule of state permits, brand registration and fees for wine sales to local distributors can be found by entering the password protected portion of this website below:

 

Click here to contact our Washington D.C. office.

 

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