Nutritious, Vitamin Wine

by Robert C. Lehrman on September 8, 2017

This deftly navigates the differences between FDA and TTB rules. If it had a little more alcohol, or a different type of alcohol, at least these 5 noted things probably would not fly.

1. So far as we know, TTB does not allow electrolyte references on alcohol beverage labels.
2. Nor does TTB allow vitamin references.
3. From time to time in the past TTB has frowned upon prominent refresh claims on the grounds that they may imply therapeutic value.
4. As of this writing it does not appear that TTB is ok with GMO claims.
5. Finally, I would bet money against TTB allowing this term (nutritious).

All these claims are possible, and not suicidal, because the product is wine based, and under 7% alc./vol., such that FDA has full control over the labeling, while TTB retains control of the taxation and formula. The front label mentions that it’s a wine specialty, as here.

If this were 7% or more, TTB would probably require something a lot more descriptive than “Wine Specialty,” and would not allow this 12 ounce size, and would also require ABV to be spelled out. The product is Coco Cocktail, and there is no TTB label approval to which to point.