One of the most common compliance mistakes we encounter in the alcohol beverage industry involves changes made to labels after a Certificate of Label Approval (“COLA”) has already been issued by the Alcohol and Tobacco Tax and Trade Bureau (“TTB”).
In particular, industry members often assume they may freely add marketing language, product descriptions, or other non-mandatory statements to an approved label without obtaining a new COLA approval. In many cases, that assumption is incorrect.
Not All Label Changes Are Permitted Without a New COLA
TTB regulations permit certain limited revisions to approved labels without requiring a new COLA application. However, these revisions are narrowly defined and must fall squarely within TTB’s published “Allowable Revisions” guidance.
For example, TTB permits certain changes involving:
- Approved food pairing statements;
- Certain serving or storage instructions; and
- Other limited revisions specifically identified by TTB guidance.
However, even where revisions are permitted, the language and format are often highly restricted.
As an example:
- Food pairing statements generally must follow specific approved formats, such as:
- “Best paired with [food]”; or
- “Best served with [food].”
Similarly, instructional statements regarding consumption or storage are generally limited to approved statements such as:
- “Shake Well”
- “Serve Chilled”
- “Pour Over Ice”
- “Do Not Store in Direct Sunlight”
The fact that a statement may appear harmless or purely promotional does not necessarily mean it may be added without further approval.
Common Problematic Additions
We frequently see companies add language such as:
- Brand stories or company history;
- Descriptions of production methods;
- Ingredient sourcing narratives;
- Sustainability or craftsmanship claims;
- Marketing slogans;
- Expanded tasting notes; or
- Other descriptive or promotional statements.
Unless the revision is specifically authorized under TTB’s allowable revisions guidance, adding this type of language to an approved label may require submission of a new COLA application.
Importantly, the analysis is often highly fact-specific, and companies should avoid assuming that “minor” textual changes are automatically permissible.
Risks of Non-Compliant Label Changes
If unapproved revisions are made to a label, the product may be considered non-compliant under federal labeling regulations.
Potential consequences can include:
- TTB warning letters;
- Delays during audits or investigations;
- Product holds or market withdrawals;
- Mandatory relabeling;
- Civil penalties; or
- Increased regulatory scrutiny.
These issues can become particularly costly once products have already entered interstate commerce or been distributed to retailers and wholesalers.
Best Practices Before Revising a Label
Before making any textual or design changes to an approved label, industry members should:
- Review TTB’s allowable revisions guidance carefully;
- Determine whether the proposed change falls within an authorized revision category;
- Assess whether a new COLA submission may be required; and
- Consider whether related advertising or claim substantiation issues may also be implicated.
When in doubt, obtaining a compliance review before printing revised labels can help avoid significant downstream costs and disruptions.
How Our Firm Assists Alcohol Beverage Companies
Lindsey Zahn P.C. regularly advises wineries, breweries, distilleries, importers, and brand owners on:
- TTB label compliance;
- COLA applications and revisions;
- Formula and claim reviews;
- Advertising and marketing compliance;
- FDA and TTB labeling overlap issues; and
- Compliance strategies for new product launches.
We also assist clients in evaluating whether proposed label modifications may qualify as allowable revisions or whether a new COLA approval should be obtained before products enter the marketplace.
If you are developing an alcohol beverage label or have questions about labeling requirements, we invite you to contact our team to discuss how we can support your business.📩 Email us at info@zahnlawpc.com
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