Client Services / Alcohol Beverages & Products / Labeling - Alcohol Beverages & Products

Labeling - Alcohol Beverages & Products

Our Alcohol Beverages and Products Group has extensive experience with the labeling of alcohol beverages.   We routinely work with clients to develop labels that meet their marketing goals and comply with all U.S. federal and state requirements.   Most alcohol beverage labels must receive a Certificate of Label Approval (COLA) from the Alcohol & Tobacco Tax & Trade Bureau (TTB) before the label may be used in interstate commerce.   Our experienced staff review thousands of labels each year, making daily trips to TTB to process COLA approvals as quickly as possible.   We also are familiar with the labeling requirements of the U.S. Food & Drug Administration (FDA), the agency with primary labeling jurisdiction over low-alcohol wines and ciders.

Our Firm has extensive experience handling federal and state enforcement actions stemming from product labeling and advertising.  We handle COLA revocation proceedings, permit actions before TTB, investigations by the Federal Trade Commission (FTC) and proceedings before the National Advertising Division of the Better Business Bureau.  The group also works with the Firm’s Intellectual Property, Media & Technology Group on Lanham Act issues involving the defense of famous trademarks , corporate reputations and brand name recognition.  We have successfully challenged both federal and state labeling laws and regulations on a variety of constitutional grounds, including the First Amendment and the Commerce Clause.

Representative Labeling Experience in the Alcohol Area

  • Secure label approvals from TTB for many cutting-edge alcohol beverage products, such as malt beverages bearing spirits brand names, malt beverage and wine specialty products containing novel ingredients, low-carb and low-calorie alcohol beverages, and organic wines and beer.
  • Regularly negotiate with TTB for approval of use-up requests for beer, wine and distilled spirits labels.
  • Salvage a distilled spirits acquisition by rapidly obtaining TTB use-up approval for a distilled spirits brand when the seller failed to fulfill its warranty to hold and provide the buyer with a legally compliant inventory and all necessary government approvals.
  • Successfully defend a large brewery in federal Lanham Act litigation, negotiating a very favorable out-of-court settlement involving no payment to the plaintiff and only minor labeling changes.
  • Advise a leading organic winery and a leading organic brewer on designing labels to meet the labeling standards of the National Organic Program administered by the U.S. Department of Agriculture.
  • Represent a large winery in TTB COLA revocation proceedings, allowing the labels in question to remain in the market until superceded by intervening rulemaking.

Contacts

Alcohol Beverages & Products Client Services

McDermott Will & Emery

McDermott Will and Emery