Labeling of alcoholic beverages is subject to both federal and, in some cases, state approval prior to distribution.
Federal Label and Formula Approval: Prior to the bottling of an alcoholic beverage product by a domestic manufacturer or the importation of an alcoholic beverage product into the United States, a product requires at least label approval (a Certificate of Label Approval or “COLA”) and, in some instances, formula approval from the TTB, Alcohol Labeling and Formulation Division.
- When formula approval is required, the TTB requests a statement of production and list of ingredients as well as lab analysis based on sample submission.
- Importers of some alcoholic beverage products into the United States may also be required to provide a pre-import approval letter.
- 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.
- The TTB also has nuanced policies, rules and regulations surrounding what is permissible to be displayed on alcoholic beverage labels.
State Brand Registrations: Many states will register the brand based on submission of an application for label approval coupled with the TTB COLA.
- Brand registration is most often contingent upon the issuance of shipper’s or similar permits and the appointment of local distributors. Unlike the TTB 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 is experienced in identifying areas of concern related to labels and is well equipped to file for COLAs online as well as by hand, if deemed necessary. The firm also reviews formulas, and arranges for pre-import approval letters and, where appropriate, use-up of previously approved labels. Additionally, the firm assists clients with applying for standardized effective tax rates for flavored beverages.
On the state level, the firm is well-versed in the various state requirements for shipping permits, brand registration and associated fees.