Changes to required Information on Brand Labels of Alcoholic Beverage Products Sold in New York State
Part One
Effective March 26, 2014, ABCL §107 it requires that brand labels contain:
- The brand or trade
- The class and type of alcoholic beverage
- The net contents of the container
- All other labeling information required by the TTB
A separate brand label registration is required when there is any difference in either: the brand or trade name or the class and type of alcoholic beverage.
Brand Names
The “brand or trade name” is the name under which the product is marketed. It is usually the most prominent information on the label and the name used by consumers to identify the product. The Liquor Authority considers the brand name to include any statement regarding: flavor description; vintage; age; and geographic designation or appellation.
Class and Type of Alcoholic Beverage
Brand labels must use TTB’s categories for the class and type of the alcoholic beverage. With respect to cider, if the alcohol content exceeds 7% but is no more than 8.5%, TTB will require that the product be brand label approved as a wine. However, TTB will allow the brand label to identify the product as cider. In the event the brand owner intends to market the product in New York State as a wine, that label approval will be sufficient and no state registration is required.
Cider in New York State
If the product will be marketed as a cider in New York State, it must be brand label registered with the Authority as a cider. With respect to cider, the designation of the type of pomme fruit used (ex: apple, pear) is considered to be part of the class and type information and must be set forth on the label. Cider 7%-8.5% ABV.
WINE
NYS-Cider
Label-Cider
Wine Specialties
In the case of wine specialties, the designation “wine specialty” is considered to be part of the class and type information and must be set forth on the label. A “wine specialty” means shall mean wine containing less than 7% alcohol by volume that: includes ingredients not permitted in “wine” as defined in ABCL §3(36); and does not meet the definition of “wine product” set forth in ABCL §3(36-a).
Net Contents can be on the bottle, not the label
Net Contents can be on bottle, not label. The Authority does not require that the net contents statement be included on the actual label. The information may be imprinted or otherwise set forth on the bottle/container. If the information is not included on the brand label, the application must include a photograph of the bottle/container clearly showing where the information will be displayed.
Changes to required Information on Brand Labels of Alcoholic Beverage Products Sold in New York State
Part Two
Information Required by TTB
As noted above, in addition to the brand or trade name, the class and type of alcoholic beverage, and the net contents, a brand label must contain any other labeling information required by TTB.
For Liquor, TTB requires that the label include:
- The alcohol content;
- The name and address of the bottler and/or the manufacturer or importer;
- The country of origin (for imported alcoholic beverages);
- A statement with respect to the presence of coloring materials (if applicable);
- A statement with respect to treatment with wood (if applicable);
- A statement with respect to FD&C Yellow #5 (if applicable);
- A statement regarding the presence of saccharin (if applicable);
- A statement regarding the presence of sulfur dioxide (if applicable);
- A statement regarding the use of neutral spirits (if applicable);
- A statement of age (if applicable);
- The state of distillation for whiskeys produced in the United States; and
- A health warning statement.
For beer, TTB requires that the label include:
- The alcohol content;
- The name and address of the bottler and/or the manufacturer or importer;
- A statement with respect to FD&C Yellow #5 (if applicable);
- A statement regarding the presence of saccharin (if applicable);
- A statement regarding the presence of sulfur dioxide (if applicable);
- A statement regarding the presence of aspartame (if applicable);
- The country of origin (for imported alcoholic beverages); and
- A health warning statement.
For wine, TTB requires that the label include:
- The alcohol content;
- The name and address of the bottler and/or the manufacturer or importer;
- A statement regarding the presence of sulfur dioxide (if applicable);
- The appellation of origin (when required)
- The country of origin (for imported alcoholic beverages); and
- A health warning statement.
Items prohibited on brand labels
- Any false or untrue statement;
- Any statement disparaging of a competitor’s product;
- Any statement, design, device or representation that may mislead a consumer; or
- Any statement or claim that the product has any health benefits.
Applications for approval of brand label registration will be reviewed to determine whether any prohibited statements are contained in a brand label. In addition, if a change is made to any approved brand label, the inclusion of any prohibited statement will subject the brand owner (if licensed) or the licensee filing the application on behalf of the brand owner, to disciplinary action.
Changes to required Information on Brand Labels of Alcoholic Beverage Products Sold in New York State
Part Three
The Application process
An application for registration of a brand label shall include:
- A completed registration application form;
- In the event the applicant is not the brand owner, a letter from the brand owner appointing the applicant as its exclusive agent for purposes of submitting the application;
- A legible photocopy or photograph of the brand label that is being registered with each required item clearly identified. if the net contents are not set forth on the brand label, the application must include a photograph of the bottle/container clearly showing where the information will be displayed;
- In the case of cider, wine products, non-malt beer, wine specialties and kombucha, an analysis by a TTB approved laboratory stating the alcohol content and ingredients of the alcoholic beverage; and
- A check or money order for the required fee.
All applications for registration and approval of brand labels must be submitted by one of the following methods: certified mail, return receipt requested; registered mail, return receipt requested, or overnight delivery service with proof of mailing. A brand label approved by TTB will be deemed approved thirty days after the Authority receives the application unless the Authority issues a decision disapproving the application before that time.
Changes to required Information on Brand Labels of Alcoholic Beverage Products Sold in New York State
Part Four
Difference in: The brand or trade class or type of alcoholic beverage. “Private brand label”
The following are not considered by the Authority to constitute separate brand names:
- Cordial and liqueur brand names that differ only with respect to flavor description;
- Wine brand names that differ only with respect to vintage year;
- Gin brand names that differ only with respect to the addition of the designation “dry”;
- Rum brand names that differ only with respect to the addition of the designation “white”, “light”, “dark”, “gold” or “silver”.
- The placement of stickers bearing the words “Direct” or “Reserve” does not create a separate brand or trade name.
- Beer brand names that differ only with respect to the use of the designation “beer”, “lager beer” or “lager” do not constitute separate brand names.
- The marketing of alcoholic beverages in “ornamental”, “enhanced” or “special” containers is addressed. Alcoholic beverages sold in such containers do not require a separate brand label registration.
Duration of approval
As a result of the amendments made to ABCL §107-a, an approval of a registration shall be valid for one year. The registrations shall no longer run concurrently with the term of the license of the entity that filed the application.
In the case of an alcoholic beverage produced in this state, the brand owner (except in the case of a private label) shall be a manufacturer licensed in this state.
Private Label
Applications for approval of private brand labels must include proof that the retailer owns, or has the legal right to use, the brand or trade name set forth on the label. If the brand label is otherwise in