New Client Setup (TTB Matters)

We look forward to helping you. This page should cover the issues that come up most often in setting up a new client.

1. Retainer Agreement. We normally send a Retainer Agreement via email. Please find the linked Agreement in one of the first emails we have sent to you. In most cases we will not commence substantial work until it has been completed.
2. Permits. Please provide a copy of your TTB permit(s) if convenient. It will make things easier.
3. Power of Attorney. If you already have any TTB permits, please complete the Power of Attorney form here. This will make many things easier at TTB.
4. Labels. Please provide image files by email, so we can load them into TTB’s internet-based COLAs Online system (or in some instances we may use paper applications, depending on what is better in any given situation). In any event, please make sure the images are highly legible (at least 200 ppi); we can work with any common format (jpg, pdf, etc.). Please clearly identify what front goes with what back/neck/etc. If any parts of the labeling are non-paper (caps, corks, seals, acetate, painted, ribbons, wax, etched) please alert us to this fact. You can send the labels to rclehrman@bevlaw.com but if you send to more than one person at the firm, please put the second person in the cc: field to avoid confusion.
5. Expedites. The turnaround time for labels and formulas changes often, as does TTB’s policy about expedites. We can help with label expedites as here. TTB currently allows expedites under a rigorous standard of proof; until about 2011 TTB allowed expedites with a fairly moderate standard of proof; in early 2011 TTB briefly banned all expedites as here. With a good expedite request we can usually speed up a label from a few weeks to a few days. Please note that we try to review and submit all labels (whether urgent or routine) within one business day.
6. Fees. Please see the rate chart posted here.
7. Preferences. We generally prefer email for routine matters; in general we do not charge clients for short, incoming emails unless we need to respond, and we do charge on a time basis for most phone calls. We will normally use FedEx 2-Day for matters that are highly confidential, urgent, or hard to replace. For other matters we will use fax, email and regular mail. Please advise if you have other preferences.
8. FDA Registration. Please note that almost every foreign and domestic food facility must register with FDA under the Bioterrorism Act of 2002. Facilities outside the US must also appoint a US Agent. Details are here. You should make sure all of your foreign suppliers are duly registered. Jen Wright handles FDA matters and can help with this.
9. Trademark. If you need help with trademark or contract issues please advise. We have several experienced trademark lawyers (including Frank Knizner) and we are usually willing to provide a preliminary assessment about availability and registrability at no charge.

Please let us know about any questions not covered in our setup materials.