Posts Tagged ‘policy’
TTB’s website at www.ttb.gov can be pretty helpful. Here are a few of the pages we check most often.
- TTB Newsletter. This comes out about once a week and can be very useful. For example, the August 19, 2016 edition provided background information about Tom Crone – with 53 years of federal service!
- Formula Tool. Don’t guess about whether you need a formula approval. If you guess, you are likely to be wrong because it’s not always intuitive. For example, why does all sake need a formula approval (and lab analysis) – when other fermented rice beverages (such as beer) don’t? If you make this mistake, it can be time-consuming and costly. With this tool, you can check most any class/type, and get a better view of what needs a TTB formula approval, and what does not.
- FAQs. TTB here answer dozens of common questions. One example is, what is “pear cider”?
- Public COLA Registry. This is a good place to look up all or almost all recent COLAs. At this point it goes back 20 years or more. We say almost because it does not cover wine coolers, kombucha – or other products that happen to be alcohol beverages, but don’t fall within TTB’s labeling jurisdiction. Last time we checked, this database had images back to around 1999, and text only results back to about the 1980s. With some creativity, you can find all COLAs for your competitor, or all whiskies made in Hawaii, etc. The same database can be a lifesaver when it comes to trademarks. Though this resource is good, for some things ShipCompliant’s LabelVision is even better.
- FOIA. This page is particularly helpful because it links to such crucial information as what are other people asking TTB to provide by way of Freedom of Information Act disclosure, most issued permits, and the Electronic Reading Room.
- APTs. TTB does a pretty good job, here, of showing how long the typical label, or permit, or formula takes (the “Average Processing Times”).
We could go on. But we are not sure you want us to. If you know of other great pages, within or without ttb.gov, let us know.
The main Tito’s Handmade Vodka case has been dismissed, after 19 months of heated litigation. Details are not available so far.
The main case was Hofmann v. Fifth Dimension, Inc. (first filed in state court in September of 2014 then removed to federal court in San Diego a month later). A second and similar case, Cabrera v. Fifth Generation, Inc., also got dismissed on the same day.
On April 22, 2016, both sides in both cases filed joint motions to dismiss. On May 3, Judge Miller of the U.S. District Court for the Southern District of California issued an order in each case, granting the parties’ joint motions.
At one point there were at least eight class action lawsuits against Tito’s Vodka, scattered around the U.S., challenging the very prominent references to “Handmade,” on the product’s labeling and advertising. There are no signs of any label changes, and Google says this has not been in the press to date.
I keep hearing about a Bud label that is so overflowing with patriotic hues and cries, that there is no room for the term Budweiser. For example, this Chicago Tribune article, from just a few hours ago, suggests that the label is under scrutiny somewhere deep within the belly of the bureaucracy.
Lo and behold, however, the label at issue got approved way back here, on March 1, 2016.
I have no idea whether this marketing plan (taking the Americana theme to the extreme and then quite a bit further) is a good idea. On the other hand, it’s difficult to find any basis for the government to have disallowed this label. At first I thought it might not mention the brand name at all, but it does, on the neck label. Then I thought maybe, somehow, it was so weighed down with homages to America, and so dressed up so as to resemble U.S. currency, that the term Beer did not fit on the label. But again, it is there, barely, this time at the upper right. If real patriotism were similar to the commercial kind, I would love to take a small measure of credit for this. We worked on this Ol’ Glory beer label about five years ago, and it is an open question, which one takes the cake.
Bud America label will look mighty nice, in a gigantic display at 7-11, on a hot July day this summer. It will look particularly nice next to this Bud Light label, submitted within the same week.
Yes that’s the whole label and it’s once again heavy on the Americana and light on the rest. At the risk of stating the obvious, a perusal of all recent Bud labels shows the advantages and disadvantages of being enormous. They can throw almost literally everything at any would be competitor: Americana, fish, soccer, kicking, shooting, baseball, festivals, concerts, hockey, basketball, football, etc.
In doing so, the CityPages article took a few tough shots at TTB, calling them a “bunch of unchill tightwads,” “notoriously persnickety,” and describing the anatomy of people who work there, in an even less flattering way.
But if the label at issue looks anything like the above, why should a government agency give it a thumbs up? What’s the point of a review process, if it’s so porous that an LSD label would go through? By contrast, this one looks to be the version that did go through, and I really don’t think it’s so bad, or such a gross imposition on free speech. This seems like a good balance; the approved version certainly gets the point across, in a slightly more subtle way.
Even the brewer seems to acknowledge the above name might go too far, saying “With the name, I think we were pushing the envelope, too. Unfortunately, the envelope broke.”
At USBevX a few days ago I heard lots of questions about various wines aged in Bourbon barrels. But I did not hear lots of answers so I thought I would take a look and see what’s going on. This Fetzer example, above, seems like a good place to start.
It tends to show that it is okay to mention Bourbon on a vintage- and varietal-designated wine. I am a little surprised I don’t see any reference to a formula approval, or to the amount of aging in said barrel. This Fetzer label is also noteworthy because it quickly drew the ire of the big Buffalo, as in Buffalo Trace; Sazerac charged at Fetzer for attempting to graze on land staked out long ago by the whiskey company. This really good article discusses the trademark dispute, about 1/3 of the way down the page.
I see about 64 wine labels with reference to Bourbon as approved by TTB during the past five years. Another representative one, from another big company, is this Robert Mondavi approval. I don’t really see any comparable labels, in the prior five year period. From these two examples, and a bit of asking around, it sounds like the reference to Bourbon should not appear on the same line as the wine’s class/type statement. Also, you are more likely to need aging details (e.g., Aged 6 Months) on the label if the age reference appears on the “brand label.”