August 2012

What Changes are Allowed on an Approved Wine Label Without Obtaining a New Certificate of Label Approval (COLA)?

by Lindsey A. Zahn on August 20, 2012

The TTB recently posted some very helpful guidelines pertaining to approved wine labels and changing approved wine labels without obtaining additional approval from the TTB. For a wine to be sold legally in the United States, the label must be pre-approved by the TTB through a process called Certificate of Label Approval (“COLA”). Generally speaking, every bottle of wine is required to have a COLA under 27 C.F.R. 4.50. Obtaining a COLA from the TTB requires a wine producer to submit the label of the wine to the TTB, which will either approve or deny the label according to its regulations. Once a COLA is obtained, the holder of the certificate can bottle and remove or import the wine that bears the label shown on the COLA.

While every wine produced by a winery or producer must have its own COLA, there are certain changes to a wine label that can be made without re-applying for another COLA. Because the COLA application process can often be time consuming, it is important for a producer of wine (or even an attorney practicing in the field) to know and understand the specific types of changes that are allowed for a previously approved wine label. The TTB recently posted some informative guidelines that specifically outline permissible changes to wine labels that do not require a new COLA. The summarized version, Allowable Changes to Approved Labels, includes examples of allowable changes specific to the provided sample wine labels and a complete list of allowable revisions to approved labels. A more detailed guideline is viewable at Updated Certificate of Label Approval Application Form Expands List of Allowable Changes (dated July 12, 2012) or, in chart form, Complete List of Allowable Revisions To Approved Labels. (The chart also contains the allowable changes on approved labels for malt beverages and distilled spirits.)

The TTB specifically notes that, once a label has been approved, changes must comply with 27 CFR parts 4,  5, 7 and 16, and “any other applicable provision of law or regulation, including, but not limited to, the conditions described in the “Comments” section of the chart below.” (See Complete List of Allowable Revisions To Approved Labels.)

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Summer Updates in the Wine Law Field

by Lindsey A. Zahn on August 2, 2012

As summer passes by, there are several noteworthy updates with respect to wine law. These updates cover upcoming and prior events, relating mostly to the academic side of wine and its intersection with the law. It is wonderful to see the variety of events and the opportunities to learn and interact with others interested in wine and law. If there are any events, past or present, that I missed, please contact me.

The third annual Wine and Law Program at the Université de Reims Champagne-Ardenne met early in July with its third class of students from around the world. This year’s lecturers were Tracy Genesen of Kirkland Ellis, Steve Charters of the Reims Management School, Barton Seldon of Gartenberg, Gelfand, Hayton, & Seldon LLP, and Director Theodore Georgopoulos. Trips included visits to the caves at Moët & Chandon and Veuve Cliquot-Ponsardin, the Comité Interprofessionnel du Vin de Champagne (“CIVC”), and a cooperative in the Cote de Blanc town Vertus. You can read more about this year’s program at the blog Wine with Kat & Friends, featuring a recollection of her experience at the Wine and Law Program week one and week two. Reading her entries reminds me of my own experience at the Wine and Law Program last summer, and I very much hope to return to Reims one day in the future.

This next update is one I received many inquiries about in the past, and it is a pleasure to present additional information on a conference dedicated exclusively to the wine, beer, and spirits industries. The Seventeenth Annual Wine, Beer & Spirits Law Conference will take place this fall at the Hyatt Regency in Austin, Texas. The conference, which will be held September 20-21, 2012, includes discussions on alcohol beverage regulations and transactional details. This year’s conference features speakers from many backgrounds, including the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), the Wine Institute, and many law firms throughout the states. For more information or to register, visit Seventeenth Annual Wine, Beer & Spirits Law Conference. 

Finally, the Reims Wine and Law Program recently started collecting papers for its new international seminar called Wine Law in Context. The objective is to bring together scholars in the wine and spirits law field, as well as wine economics, sociology, ethnology, or political science. While the date for submitting a CV and paper description passed, the Wine and Law Program has many strong ideas for bringing together scholars in the wind and law field on an international level. It will be exciting to see the measures the Program takes in the future.

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