News:

In an effort to increase formula and label processing times, the TTB issued two new rulings, one for spirits and one for wine, outlining even more products that do not require formula submission. TTB noted: “We encourage all industry members to review these Rulings and the Industry Circular to determine whether formula approvals are still required for your products. Industry members who have formulas with TTB awaiting review or approval for products affected by the new rulings should withdraw those applications immediately. If they are not withdrawn, we will reject those formula applications with a comment that a formula submission is not required.” The ruling related to Distilled Spirits, can be read here.  

Posted in alcohol beverage law, TTB | Tagged COLA, formula, label, TTB | Comments Off

Palcohol, the powdered alcohol subject to much debate several months ago, was approved by the TTB on March 10th. Here is the label for the Cosmo:   How can TTB approve it? In 26 U.S.C. Section 5002 it says, in substance, the terms “distilled spirit,” “alcoholic spirits,” and “spirits” mean that substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced). Further, a Senate Report (No. 96-249, dated July 17, 1979 on the Trade Agreements Act of 1979, page 223, footnote 14), notes that “the definition of ‘distilled spirits’ has been amended to clarify that the terms include distilled spirits in whatever form, i.e., solid, liquor or gaseous.” Therefore, powdered alcohol falls under the IRS Code as a distilled spirit and under the FAA Act as a distilled spirit, giving TTB the jurisdiction. Palcohol no doubt submitted for Formula Approval and Label Approval to the TTB. Moreover, it resolved the previous issues regarding net contents and alcohol by volume (as evident by the approved label above). Here is an old label on the left, which was surrendered by Palcohol, and the corresponding new label on the right. Net Contents The label must state what the liquor volume will be after the liquid is added and this must be an authorized standard of fill. Plus, the label must state the weight of the dry powder. Alcohol by Volume The label must state the alcohol…