In many situations, TTB will not allow national flags, and especially not the US flag. The regulations support this. So the above labels seem to be noteworthy exceptions. Maize Valley Winery’s Redneck Red wine shows The American Flag on the main label, alongside The Confederate Flag. In the second example, The American Flag appears with the Military Flag of Japan. The wine is made by D’Vine Wine of Fredricksburg, Texas. A notable instance where TTB did not allow the US flag is on this New Hampshire beer.
Continue Reading Leave a Commentlegally interesting/controversial
Good Flags and Bad Flags
Tags: history, legally interesting/controversial, policy, political
Bemdesor and Bod Liqbt
These brand names don’t exactly roll off your tongue. That won’t stop Anheuser-Busch from bringing them to a TV near you. Keep your eyes peeled for these malt beverage products on TV and in the movies. A few days ago, The Beersage raised good questions about these labels. At first it was not at all clear, but after some looking around, a good reason comes into focus. This year’s approval for Bemdesor does not shed much light, nor does this year’s approval for Bod Liqbt. Go back a few more years, however, and it becomes clear. This 2006 approval for the mellifluous Bemdesor Seqyct quite clearly states:
THIS LABEL IS BEING USED FOR DISPLAY IN MOVIE/TV PROGRAMS ONLY. THE BOTTLE WILL BE FILLED WITH A NON-ALCOHOL PRODUCT IN ORDER TO COMPLY WITH FCC REQUIREMENTS.
A-B has used labels of this sort since at least as far back as 2003; here is an early Bod and here is an early Bemdesor. So far there is no sign of the FCC rule at issue, and it’s not the rule cited here. TTB does require something similar at 27 CFR § 7.54(b)(2): “Any label depicted on a bottle in an advertisement shall be a reproduction of an approved label.” Here are
Ingredient Labeling on Wine
Back in the 1970s ATF/TTB worked vigorously to control wine-labeling, where FDA wanted to get involved and insist upon detailed ingredient lists, as is common on most other food labels. The matter got resolved by way of Brown-Forman Distillers Corp. v. Mathews, 435 F. Supp. 5 (W.D. Ky. 1976). But this did not stop Bonny Doon Winery. Many of Bonny Doon’s labels include quite detailed ingredient labeling, and Bonny Doon has been one of few alcohol beverage companies willing to swim against the tide and volunteer this information. Bonny Doon’s Cunning label shows the following ingredients: grapes, tartaric acid and sulfur dioxide. It goes on to say the product was made with cultured yeast, yeast nutrients, French oak chips, and French oak barrels. According to Decanter, Bonny Doon president Randall Grahm said:
It’s useful to provide more detailed information about the ingredients used in wine production and reduce our dependence on standard wine additions, even those considered to be benign such as tartaric acid, bentonite, yeast nutrients, enzymes, sulphur dioxide.
Let us know if you see other TTB labels with detailed ingredient labeling.
Continue Reading Leave a CommentEthyl
Here it is. What all the controversy is about. EtOH. It is quite possibly the most popular psychoactive substance in the world, running neck and neck with caffeine, at least among substances that don’t require a prescription or jail time. EtOH is otherwise known as ethanol or alcohol or ethyl alcohol. Ethanol is a contraction for ethyl alcohol and ethyl derives from “ether.” This particular EtOH is bottled by Ballast Point Spirits of San Diego, California.
Continue Reading Leave a CommentBeer made with Vodka
This approval shows a tremendous amount of change in eight short years. First of all, it is hard to imagine that the Bureau would ever allow the term “vodka” on a beer label. Somehow I don’t think that would fly in this day and age. Further, the qualification seems to mandate the use of this term, in a particular way. The qualification suggests that the arrangement of the words may lead to controversy, rather than the reference to vodka and a famous vodka brand on a beer label. Pages 12-22 of this document show the controversy. Second, the product is gone. So is the named agency (that is, the label functions have moved from ATF to TTB). So is the person that approved it. Judy was tremendously helpful and probably had many good reasons to approve this label, in a different era. I wouldn’t want to mention the person, but for the fact that the name is right there and the memories are good. This is also a good example of a “use-up.” The approval tends to say the label is not ideal but the agency will allow it to be used for six months only. I believe TTB/ATF has allowed use-ups for many, many decades. It is difficult to imagine other agencies allowing this privilege, such...
Continue Reading Leave a CommentTags: ingredients, legally interesting/controversial, policy, qualifications, use-ups
Adult Beverages
Here it is, in all its glory, at long last. TTB’s “areola” policy. From time to time, depending on the circumstances, TTB will say these particular body parts are “obscene” or “indecent” and must be covered. Here is a recent example of such a rejection. It says “Please cover the areolas on the woman.” And these, by way of another example, are certainly well covered. The label above is Amethystos dry white wine, from the Drama region of Greece.
Continue Reading Leave a CommentTags: legally interesting/controversial, policy, rejections, risqué, sexual