Last week, the folks at ShipCompliant officially rolled out a new service called LabelVision. To many in the wine, beer, or spirits industry, this new resource is a game changer. Instantly, we have access to over 1.5 million federally approved labels as far back as 20 years. To some, such a system may…
Tag: labeling
How Are Organic Wine Labels Regulated in the U.S.?
Here is a good, and relevant, question. What happens if a wine label boasts the term, “ORGANIC,” or “CERTIFIED ORGANIC” but is neither organic nor certified as such? As organic products—including wines—become more popular among consumers, there is a greater risk of fraudulent use of the term “ORGANIC.” See, e.g., Is…
District Court Denies Duck Walk’s Motion to Dismiss Against Duckhorn
Last year, California-based Duckhorn Wine Co. filed a complaint against Long Island-based Duck Walk Vineyards alleging consumer confusion and breach of settlement agreement that resolved a prior trademark infringement action between the two parties. See Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels; see also Duckhorn…
A Trademark Double Entendre: N2 Versus Into Wines
Here’s an interesting scenario. Can a trademark applicant’s mark ever have multiple meanings? And can such dual-meaning mark be issued a trademark even if one of its meanings is deemed merely descriptive? In a recent appeal to the United States Patent and Trademark Office’s Trademark Trial and Appeal Board, administrative…
TTB Issues Interim Policy on Gluten-Free Labeling and Advertising for Wine, Spirits, and Malt Beverages
As many know, on August 5, 2013, FDA issued a final rule regarding the labeling of gluten-free foods. See 78 FR 47178, Food Labeling; Gluten-Free Labeling of Foods. As noted by On Reserve previously, TTB announced on August 22, 2013 that the agency would review its policy on the use of the term…
Proposed Standard of Identity for Canadian Icewine
On June 15, 2013, the Canadian Food Inspection Agency released proposed regulations to create Icewine Regulations (of the Canada Agricultural Products Act) and Consumer Packaging and Labeling Regulations (of the Consumer Packaging and Labeling Act). See New Standard Will Help Open Markets for Canada’s Iconic Icewine. The proposed icewine regulations create “a Standard of Identity for icewine as…
TTB Publishes Final Rule Modifying Mandatory Label Information for Wine
On June 10, 2013, TTB published a final rule in the Federal Register amending the mandatory label information requirements for wine labels. The final rule allows the alcohol by volume (“ABV”) percentage to appear on other labels affixed to a wine container without appearing on the brand label. Previously, the regulations for…
A Regulatory Analysis: Nutrition Fact Panels and Ingredient Statements on Alcohol Beverages
Why do some wines have nutrition fact panels and some wines do not? What are the differences between FDA and TTB labeling for wines? Low volume alcohol wine label requirements.
Wine Law Updates: Restaurants Sue Wine Storage Facility, Revealing Seller’s Name at Auction, and Calorie Labeling for Wine in the UK
Some very interesting updates over the last week have occurred for the wine and law community. Below are three of the most interesting, involving a wine storage facility, potential new rules at auction, and calorie labels in the United Kingdom. East Coast Restaurants Sue WineCare Storage Facility for $2 Million…
Osawa Wines Wins Labeling Dispute Against Chateau Mouton Rothschild Estate for Flying Mouton Label
Recently, Osawa Wines won a labeling dispute against Chateau Mouton Rothschild Estate. The disagreement, which spawned over the use of the wine label Flying Mouton, originated in 2008 when Osawa started producing a new alcohol beverage product with a Flying Mouton wine label. Shortly thereafter, Chateau Mouton Rothschild estate filed…