TTB Publishes Final Rule Addressing Labeling and Advertising Regulations   Yesterday, TTB published a final rule that will implement Phase 2 of its rulemaking on modernization of the labeling and advertising regulations for alcohol beverages. In 2018, TTB proposed labeling and advertising amendments in Notice No. 176, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages.  On April 2, 2020, TTB implemented “Phase 1” of the rulemaking, publishing a final rule, which adopted certain proposals from Notice No. 176.  On February 9, 2022, the TTB published the “Phase 2” final rule, which amends the labeling and advertising regulations for distilled spirits and malt beverages.  The final rule is effective 30 days from date of publication in the Federal Register, March 11, 2022. The changes in this final rule will not require industry members to make changes to labels or advertisements but will instead provide additional flexibility in the labeling and advertising of distilled spirits and malt beverages. TTB is currently working on “Phase 3” of the rulemaking, which will reorganize the wine labeling regulations, address the remaining labeling issues related to wine, and reorganize and finalize the regulations related to the advertising of wine, distilled spirits, and malt beverages. The “Phase 2” final rule finalizes, among other things, the following liberalizing changes to the distilled spirits regulations that were proposed in Notice No. 176: Brand Labels: The TTB has eliminated the requirement that certain mandatory information appear on the “brand label”. Previously, the term “brand label” was defined in current § 5.11…

Posted in alcohol beverage law, TTB | Tagged alcohol beverages, TTB | Comments Off

A recent Daily Beast article outlined the current state of direct to consumer shipping of spirits from distilleries. The article notes that several states, including KY, have recently passed laws allowing distilleries to ship spirits directly to your home, and asks, will the rest follow? In response, WSWA issued a press release outlining alleged inaccuracies in the Daily Beast article.   To learn more about state laws governing DTC from distilleries, please find a wealth of information on the American Craft Spirits Association website.