Meet the label from hell, as above. Just about every element raises another legal issue. I had the opportunity to discuss this hypothetical label at ShipCompliant’s Wholesale Gathering, in White Plains, last week, on a panel with Susan from TTB, Deb from Diageo and Jeannie from Brown-Forman. The label raises at least 30 legal issues that could trap the unwary, and it would not be difficult to add a few dozen more. One of the points is to show that, if a food or beverage label looks easy, you are probably not paying attention. How many issues can you spot, without prompting?
The title for the presentation is “The Spirits Label from Hell,” and a copy is here. The subtitle is “This label should be easy” and this relates to the well-established corollary that the easier the proponent claims a label to be, the harder it will end up being. Among the highlights of the presentation was when the lady from Jack Daniel’s “hit” me with a cease and desist letter, around slide 10. It did not hurt because, thankfully, it was one of the “exceedingly polite” cease and desist letters made famous by the company.
Robert C. Lehrman is the principal attorney at Lehrman Beverage Law, PLLC. Robert founded the firm in 2001 after 12 years at the Washington, DC office of a larger firm that specializes in federal and state administrative law. From 1998 until 2001 ... Read Full Bio