Are you ready for the TTB’s new alcoholic beverage labeling and advertising regs that would restrict aggregate packaging and update electronic record keeping standards? (New TTB advertising and labeling rules Part 6)

Last time, in Part 5 of our series on the TTB’s “Notice No. 176” – the “Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages” we covered proposed changes to labeling content restrictions.

In Part 6 we’re covering some changes to aggregate packaging regulations, electronic record keeping and label claim substantiation.

The proposed updated regulations will change these topics for wine, spirits, and beer in the following ways:

1. The proposal will narrow the current regulations on aggregate packaging and remove the current permission for aggregating smaller than allowed standards of fill sized packaging for alcohol of different class and type. Under the proposed rule, in order to achieve aggregate packaging, alcohol in the aggregation must be of the same class and type and alcohol content and tax class. So wines and spirits of different classes and types and alcohol contents cannot be packaged together.
2. The proposal eliminates the current requirement of exhibiting riginals or duplicate originals of certificates of label approval and steps into the electronic age allowing for proof to be kept and stored as an electronic copy, or simply a record kept showing the TTB identification number assigned to be approved COLA. All this in place of having the original. Note: records must be kept for a period of 5 Years From the date the products covered by the COLA are removed from bottlers premises or customs custody, as applicable in the case of an importer.
3. The notice proposes three new sections, 4.212, 5.21s, and 7.212 regarding the substantiation of labeling claims which codify current TTB policy that all claims made on labels, whether implicit or explicit, must have a reasonable basis in fact.