TTB Labels / COLAs

Almost every single alcohol beverage product must obtain a Certificate of Label Approval (“COLA”) from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) before it can be sold in interstate commerce.

The TTB is the federal agency responsible for reviewing, approving, and rejecting most alcohol beverage products. It enforces the federal regulations as they pertain to wine, malt beverage, and distilled spirits products. Those regulations are deeply nuanced and — in many cases — quite subjective. 

Unless your company is extremely well-versed in the federal labeling laws, it is easy to make mistakes that may render your alcohol beverage label non-compliant. If regulators identify mistakes during the COLA process, it could mean significant time delays. You may need to redesign and reprint labels, absorb additional costs, and possibly miss your go-to-market window. 

Even if the TTB does not catch an error during the COLA process, and your label is inadvertently approved, you are not out-of-the-woods. TTB could contact your company in the future and ask you to remove the label from the market — if not the product itself. 

Lindsey Zahn P.C. has significant experience with the federal labeling regulations for wines, malt beverages, and distilled spirits and all classifications within those commodities. 

Using years worth of industry experience advocating on behalf of clients before the Advertising Labeling and Formulations Division (“ALFD”) of the TTB, the firm can undertake a risk assessment with proposed labels prior to submission.

The firm can also assist clients throughout the label submission process. If your label comes back needing corrections, Lindsey Zahn P.C. can provide suggestions and develop strategies that support your company’s goals.  

TTB COLAs: Services

Among other services, the firm can also assist with the following:

• Review proposed draft labels for wines, malt beverages, distilled spirits, meads, and hard ciders for compliance with federal labeling regulations
• Draft and submit label applications to TTB and advise on label strategies for formulated beverages
• Analyze feedback or “needs correction” statuses from TTB and provide guidance based on TTB’s feedback, federal regulations, and prior approvals
• Develop arguments for challenging issues or matters that may seem subjectively disapproved

Recent Representations

Some recent representations include:

• Assisted a co-packer with reviews of labels for its clients, advising of potential compliance and legal issues on various distilled spirits products
• Served as outside counsel for and advised an alcohol beverage importer whose products, already in the market, were found to be non-compliant with COLAs on file with TTB
• Advised a new importer on applying for a use-up request with TTB after purchasing stock with non-compliant labels for the U.S. market
• Obtained FDA pre-market approval for use of a material in a distilled spirits product that was not formally designated as Generally Recognized as Safe (“GRAS”) and did not appear on the FDA’s Food Additive Status List

For more information about how Lindsey Zahn P.C. can help your company, please contact us at lindsey@zahnlawpc.com.

Prior results do not guarantee a similar outcome.