What's New

What's New

Absinthe; no longer banned in the US.
- A collection of recent TTB label approvals, for absinthe
- swissinfo.ch explains the recent US changes; article by Marie-Christine Bonzom.
- TTB sets forth position on absinthe.
- Label approval for Kubler Absinthe. This is the first authentic Swiss Absinthe allowed in the US in more than 95 years; it is from the birthplace of absinthe (Val-de-Travers, Switzerland), and it was the first authentic absinthe (with Artemisia Absinthium, fennel, anise, and thujone) to obtain TTB formula approval.
- Reuters and The Washington Post explain the recent changes.
  Updated 4/08.

Caffeinated Alcohol Beverages. First it was plain old Maxwell House. Then it was Red Bull. Now it’s in a liquor store near you. It’s caffeine – in everything from beer to vodka. There is a fast-moving trend toward more caffeine in more alcohol beverages; we have assembled a collection of recent approvals here.
Updated 9/07.

Allergen Labeling. The age-old wine label is getting more complicated by the year what with Organics, Meritage, Import Certification -- and the new allergen labeling requirements.
- Allergen Labeling is on the way
  On July 26, 2006, TTB began allowing allergen information on labels for beer, wine and spirits. For now and the next several months at least, allergen labeling is voluntary. But if you elect to make any reference to any of the eight "major food allergens," you would need to comply with the interim rule, and you would probably need to get a new label approval. The "major food allergens" are: milk, egg, fish, shellfish, tree nuts, wheat, peanuts, soybeans, and their proteins. The interim rule does not seem to have any special treatment if producer is very small, or if the amount of the allergen is very small. By way of example, many wines contain fish proteins as a fining agent. The bottler is not required to say anything about these proteins under current rules, but if the bottler elects to say anything about allergens, the bottler would need to list every allergen in the wine, as CONTAINS: FISH. This could be on any label (front, back, side, neck). By the same token, if you describe your product as WHEAT BEER rather than BEER, you would probably need to get a new label approval and declare CONTAINS: WHEAT on the label.
  - Interim rule. Effective July 26, 2006. This is largely voluntary.
  - Notice of Proposed Rulemaking. This would take something close to the interim rule and remove the voluntary aspect. It is likely to take months or years before it becomes final, even though there is little organized opposition.
  - See an overview of the new requirements prepared by an experienced colleague.
  - Let us know when you see examples of new labels, with allergen declarations, and we will post some examples here.
    Updated 8/06.

Import Certification. Beginning in August of 2005, many imported wines will need a new certification to show that the wine complies with the law in the country where produced. Wines from Argentina, Australia, Canada, Chile, and New Zealand are exempt.
- The August 24, 2005 temporary rule and sample form.
- FAQ on Wine Certifications, prepared by TTB.
- The US and EU Reach an Agreement on Trade in Wine. This agreement, announced September 15, 2005, is likely to substantially scale back the need for import certifications.
  Updated 11/05.

Low Carbs. TTB allows low carbohydrate claims in advertising and labeling, for beer, wine and spirits.
- Ruling 2004-1.
- Questions and Answers.
- Methodology.
  Updated 8/04.

Homeland Security Act Splits ATF, Creates TTB. ATF's alcohol beverage functions (e.g., tax, permits, labeling, regulatory) moved to a new, "Alcohol & Tobacco Tax & Trade Bureau" (TTB) on January 24, 2003.
Updated 1/2003.
- TTB home page

FDA Food Bioterrorism Rules. Due to the Bioterrorism Act of 2002, and a proposal published by FDA early this year, almost all food companies, worldwide, must file a registration with FDA by the end of 2003. Food companies outside the US must designate a US agent to act as a liaison between the company and FDA. Many details are available at food-agent.com.
Updated 7/2003.
- food-agent.com is a service of this law firm.
- Many other details on this important topic are available at the FDA website.

COLA Watch. We frequently review recent label approvals to get an early view of important trends. Here we present some of the more intriguing of the recent approvals.
Updated 6/2003.
- Including several labels affected by ATF Ruling 2002-2.

COLAs Online. TTB is quickly moving toward a much more modern, computerized system for reviewing and approving labels. As TTB makes these plans public, we will describe them here.
- COLA Server. Makes COLAs Online even better.
  Updated 2/2002.

Revocations. For many years, the extent of TTB's authority to revoke label approvals was unclear. With recently promulgated rules, TTB has attempted to make it clear that it has ample authority to revoke COLAs in some circumstances. Here we present a review and discussion of the pertinent issues.
Updated 2/2002.

Rulemakings. Consult this link to keep tabs on recent TTB final rules and notices of proposed rulemaking.

Non-Traditional Containers. TTB has proposed to ban alcohol beverages packed in small or unusual containers. The proposal has such wide-ranging potential that more than 80 concerned parties have submitted comments. Read an analysis of these comments, reprinted from The Bar.
Updated 2/2002.