What is a TTB Formula?

What is a Formula Approval?

Certain wines, beers, and spirits must secure a formula approval or a pre-import formula approval from the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) before they can be legally sold in the United States. This prerequisite comes even before the labeling process (Certificate of Label Approvals or “COLAs”) for products subject to formula approval. It is essential to understand that some products may also require submission to the TTB for laboratory analysis in addition to the formula submission.

A formula approval essentially involves a comprehensive review of the product’s recipe. The formula provides the TTB with crucial information about the ingredients in the product, their quantities, and a step-by-step description of how the product is made using these ingredients. Once the formula is submitted, the TTB reviews all the information and either approves the formula, requests corrections, or rejects it. Rejections can occur in a number of instances (for example, if the product submitted for formulation does not actually require a formula).

Which Products Require a Formula Approval?

Determining which products require a formula approval is not always straightforward; it can depend on various factors. For starters, the nature of the product — whether it’s a beer, wine, or spirit — and its origin — imported or domestically produced — can play a role in this determination. The specific type of beer, wine, or spirit also factors into whether a formula approval is necessary. For example, a standard grape table wine generally does not need a formula approval. However, if the product includes non-grape wine, flavors, spices, or other ingredients, it is possible that a formula approval may be required. Vermouth is an example of a product that requires formula approval regardless of its origin (except if it is from Italy).

Navigating TTB’s Formulas Online

If an alcohol beverage product requires a formula submission to the TTB for processing and approval, the formula can be submitted either in paper form (through TTB F 5100.51) or online through TTB’s Formulas Online (“FONL”). While filing formulas online is often more straightforward and quicker than using a paper application, it can still be challenging, especially for users with limited experience. Many steps involved in formula submission can affect the approval process significantly.

How a formula is written can impact the product’s classification and what can be stated on the label. It may also determine whether the formula will be approved and the nature of questions a TTB formulations specialist might pose. Additionally, aspects like flavors and colors are often supplied by third parties, but they are crucial components of the formula and often require additional information or documentation. Missteps in any of these areas can result in the TTB returning your formula for corrections and causing delays in label approval, production, and bringing your product to market.

The formula submission process can be daunting for both novices and seasoned industry professionals. It demands extreme attention to detail and a profound understanding of the product’s intricate details, federal regulations, and FONL. The category Distilled Spirits Specialty is a particularly noteworthy example as drafting a formula in this classification can influence label requirements.

How Can Lindsey Zahn P.C. Help with Formulas?

Lindsey Zahn P.C. has extensive experience in reviewing and working on formulas for wines, beers, spirits, ciders, and meads, whether they are imported or domestically produced. Our firm also regularly works with TTB and maintains a close relationship with the agency. We understand the complexities of flavors, colors, and other supplementary ingredients.

We offer assistance in the following areas:

• Flavors: Lindsey Zahn P.C. can provide guidance on how flavors function within your beverage product, from simple to compound flavors.
• FIDS: Lindsey Zahn P.C. understands what to look for in Flavor Ingredient Data Sheets (FIDS) for compound flavors, ensuring all necessary details are in place.
• Pre-Import and Sample Analysis: The firm can guide your business on when products need analysis and how to submit samples for TTB label analysis purposes.
• Ingredients and Use Rates: The firm can thoroughly review your formula to ensure accuracy and completeness, allowing flexibility for ingredient adjustments.
• Method or Manufacturing Description: Lindsey Zahn P.C. can provide insights on drafting these descriptions for TTB review.
• Imported Products: The firm can assist with the unique considerations surrounding imported wine, beer, and spirits, including the required documentation.

Importers and businesses in the alcohol beverage producers often find the process of submitting formulas to the TTB to be a complex and time-consuming task. Lindsey Zahn P.C. focuses on alcohol beverage law and offers valuable assistance in this area. The firm has an in-depth understanding of TTB regulations and requirements and can guide industry members through the intricacies of submitting formula applications. Whether it. is understanding flavors, optimizing ingredient use rates, or drafting method descriptions, Lindsey Zahn P.C. can help streamline the formula approval process, point out potential issues, minimize errors, and accelerate the path to bringing their products to the market.

To learn more about how we can assist with your TTB formula submission, please contact us at info@zahnlawpc.com. We understand the intricacies of the TTB’s requirements and can help streamline your product’s approval process.