Following up on our earlier newsletter articles about health claims in advertising, we remind industry members that TTB advertising regulations prohibit any health-related statement that is untrue in any particular or tends to create a misleading impression as to the effects of alcohol consumption on health.

Your first step should be to review our regulations regarding health claims and advertisements:

• Wine - 27 CFR 4.64(i)
• Distilled Spirits - 27 CFR 5.235(d)
• Malt Beverages - 27 CFR 7.235(e)

These regulations apply to most alcohol beverages, but do not apply to:

• Wine products (including cider) with less than 7% alcohol by volume, and
• Brewed products properly classified as “beer” under the Internal Revenue Code of 1986, but not classified as “malt beverages” under the FAA Act (see TTB Ruling 2008-3).

Avoiding Common Errors on Label Applications – Providing Translations of Foreign Text

One of the most common problems we encounter when reviewing applications for label approval (COLAs) are labels that contain foreign text without a translation provided on the application. On many labels for imported products, the mandatory label information appears in English, as required by TTB regulations, but often other label text, such as an explanation of the production process, the history of the manufacturer, or a description of how the product tastes, is not in English.

Foreign text on a label is subject to all the same rules that apply to English text. The most efficient way for TTB to ensure foreign text is not misleading or prohibited, and that it doesn’t conflict with mandatory label information, is for the applicant to provide a translation.