PART 7—LABELING AND ADVERTISING OF MALT BEVERAGES Authority: 27 U.S.C. 205 and 207. Source: T.D. TTB-176, 87 FR 7605, Feb. 9, 2022, unless otherwise noted. § 7.0 Scope. This part sets forth requirements that apply to the labeling and packaging of malt beverages in containers, including requirements for label approval and rules regarding mandatory, regulated, and prohibited labeling statements. This part also sets forth requirements that apply to the advertising of malt beverages. Subpart A—General Provisions § 7.1 Definitions. When used in this part and on forms prescribed under this part, the following terms have the meaning assigned to them in this section, unless the terms appear in a context that requires a different meaning. Any other term defined in the Federal Alcohol Administration Act (FAA Act) and used in this part has the same meaning assigned to it by the FAA Act. Administrator. Advertisement or Advertising. Appropriate TTB officer. Bottler. Brand name. Certificate holder. Certificate of exemption from label approval. Certificate of label approval (COLA). https://www.ttb.gov Container. Customs officer. Distinctive or fanciful name. FAA Act. Gallon. Interstate or foreign commerce. Keg collar. Malt beverage. Net contents. Permittee. Person. Responsible advertiser. State. Tap cover. TTB. United States (U.S.). § 7.2 Territorial extent. The provisions of this part apply to the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. § 7.3 General requirements and prohibitions under the FAA Act. (a) Certificates of label approval (COLAs). (b) Alteration, mutilation, destruction, obliteration, or removal of labels. (c) Labeling requirements for malt beverages. (d) Labeled in accordance with this part. (1) It must bear one or more labels meeting the standards for “labels” set forth in subpart D of this part; (2) One or more of the labels on the container must include the mandatory information set forth in subpart E of this part; (3) Claims on any label, container, or packaging (as defined in § 7.81) must comply with the rules for restricted label statements, as applicable, set forth in subpart F of this part; (4) Statements or any other representations on any malt beverage label, container, or packaging (as defined in §§ 7.101 and 7.121) may not violate the regulations in subparts G and H of this part regarding certain practices on labeling of malt beverages; and (5) The class and type designation on any label, as well as any designation appearing on containers or packaging, must comply with the standards for classes and types set forth in subpart I of this part. § 7.4 Jurisdictional limits of the FAA Act. (a) Malt beverages sold in interstate or foreign commerce General. (2) Similar State law. (b) Malt beverages not sold in interstate or foreign commerce. § 7.5 Ingredients and processes. (a) Use of nonbeverage flavors and other nonbeverage ingredients containing alcohol. (2) In the case of malt beverages with an alcohol content of more than 6 percent by volume (determined without regard to any tolerance otherwise allowed by this part), no more than 1.5 percent of the volume of the malt beverage may consist of alcohol derived from added nonbeverage flavors and other nonbeverage ingredients containing alcohol. (b) Processing. § 7.6 Brewery products not covered by this part. Certain fermented products that are regulated as “beer” under the Internal Revenue Code (IRC) do not fall within the definition of a “malt beverage” under the FAA Act and thus are not subject to this part. See § 7.7 for related TTB regulations that may apply to these products. See §§ 25.11 and 27.11 of this chapter for the definition of “beer” under the IRC. (a) Saké and similar products. (b) Other beers not made with both malted barley and hops. § 7.7 Other TTB labeling regulations that apply to malt beverages. In addition to the regulations in this part, malt beverages must also comply with the following TTB labeling regulations: (a) Health warning statement. (b) Internal Revenue Code requirements. § 7.8 Malt beverages for export. The regulations in this part shall not apply to malt beverages exported in bond. § 7.9 [Reserved] § 7.10 Other related regulations. (a) TTB regulations. (1) 27 CFR part 1—Basic Permit Requirements Under the Federal Alcohol Administration Act, Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits; (2) 27 CFR part 13—Labeling Proceedings; (3) 27 CFR part 16—Alcoholic Beverage Health Warning Statement; (4) 27 CFR part 25—Beer; (5) 27 CFR part 26—Liquors and Articles from Puerto Rico and the Virgin Islands; (6) 27 CFR part 27—Importation of Distilled Spirits, Wines, and Beer; (7) 27 CFR part 28—Exportation of Alcohol; and (8) 27 CFR part 71—Rules of Practice in Permit Proceedings. (b) Other Federal regulations. (1) 7 CFR part 205—National Organic Program; (2) 19 CFR part 11—Packing and Stamping; Marking; (3) 19 CFR part 102—Rules of Origin; (4) 19 CFR part 134—Country of Origin Marking; (5) 21 CFR part 1—General Enforcement Provisions, Subpart H, Registration of Food Facilities, and Subpart I, Prior Notice of Imported Food; (6) 21 CFR parts 70-82, which pertain to food and color additives; (7) 21 CFR part 110—Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food; and (8) 21 CFR parts 170-189, which pertain to food additives and secondary direct food additives for human consumption. § 7.11 Forms. (a) General. (b) Electronically filing forms. https://www.ttb.gov. (c) Obtaining paper forms. https://www.ttb.gov § 7.12 Delegations of the Administrator. Most of the regulatory authorities of the Administrator contained in this part are delegated to “appropriate TTB officers.” To find out which officers have been delegated specific authorities, see the current version of TTB Order 1135.7, Delegation of the Administrator's Authorities in 27 CFR part 7, Labeling and Advertising of Malt Beverages. Copies of this order can be obtained by accessing the TTB website ( https://www.ttb.gov Subpart B—Certificates of Label Approval Requirements for Malt Beverages Bottled in the United States § 7.21 Requirement for certificates of label approval (COLAs) for malt beverages bottled in the United States. (a) COLA requirement. (b) Malt beverages shipped or sold in interstate commerce. (c) Products not shipped or sold in interstate commerce. (d) Evidence of COLA. § 7.22 Rules regarding certificates of label approval (COLAs) for malt beverages bottled in the United States. (a) What a COLA authorizes. https://www.ttb.gov (b) When to obtain a COLA. (c) Application for a COLA. https://www.ttb.gov, § 7.23 [Reserved] Requirements for Malt Beverages Imported in Containers § 7.24 Certificates of label approval (COLAs) for malt beverages imported in containers. (a) Application requirement. (b) Release of malt beverages from customs custody. (c) Filing requirements. (d) Evidence of COLA. (e) Scope of this section. (f) Relabeling in customs custody. (g) State law. § 7.25 Rules regarding certificates of label approval (COLAs) for malt beverages imported in containers. (a) What a COLA authorizes. https://www.ttb.gov (b) When to obtain a COLA. (c) Application for a COLA. https://www.ttb.gov Administrative Rules § 7.27 Presenting certificates of label approval (COLAs) to Government officials. A certificate holder must present the original or a paper or electronic copy of the appropriate certificate of label approval (COLA) upon the request of any duly authorized representative of the United States Government. § 7.28 Formulas, samples, and documentation. (a) Prior to or in conjunction with the review of an application for a certificate of label approval (COLA) on TTB Form 5100.31, the appropriate TTB officer may require a bottler or importer to submit a formula, the results of laboratory testing of the malt beverage, or a sample of any malt beverage or ingredients used in producing a malt beverage. After the issuance of a COLA, or with regard to any malt beverage required to be covered by a COLA, the appropriate TTB officer may require a full and accurate statement of the contents of the container. (b) A formula may be filed electronically by using Formulas Online, or it may be submitted on paper on TTB Form 5100.51. See § 7.11 for more information on forms and Formulas Online. § 7.29 Personalized labels. (a) General. (b) Application. (c) Approval of personalized label. (d) Changes not allowed to personalized labels. Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers § 7.41 Alteration of labels. (a) Prohibition. (b) Authorized relabeling. (c) Obligation to comply with other requirements. (1) In no way authorizes the placement of labels on containers that do not accurately reflect the brand, bottler, identity, or other characteristics of the product; (2) Does not relieve the person conducting the relabeling operations from any obligation to comply with the regulations in this part and with State or local law: and, (3) Does not relieve the person conducting the relabeling operations from any obligation to obtain permission from the owner of the brand where otherwise required. § 7.42 Authorized relabeling activities by brewers and importers. (a) Relabeling at brewery premises. (b) Relabeling after removal from brewery premises. (c) Relabeling in customs custody. (d) Relabeling after removal from customs custody. § 7.43 Relabeling activities that require separate written authorization from TTB. (a) General. (b) Application. (1) Copies of the original and proposed new labels; (2) The circumstances of the request, including the reason for relabeling; (3) The number of containers to be relabeled; (4) The location where the relabeling will take place; and, (5) The name and address of the person who will be conducting the relabeling operations. § 7.44 Adding a label or other information to a container that identifies the wholesaler, retailer, or consumer. Any label or other information that identifies the wholesaler, retailer, or consumer of the malt beverage may be added to containers (by the addition of stickers, engraving, stenciling, etc.) without prior approval from TTB and without being covered by a certificate of label approval. Such information may be added before or after the containers are removed from brewery premises or released from customs custody. The information added: (a) May not violate the provisions of subparts F, G, and H of this part; (b) May not contain any reference to the characteristics of the product; and (c) May not be added to the container in such a way that it obscures any other label on the container. Subpart D—Label Standards § 7.51 Requirement for firmly affixed labels. (a) General rule. (b) Exception for keg labels. (1) Such keg collars or tap covers are considered to be firmly affixed if removal would break or destroy the keg collar or tap cover in such a way that it cannot be reused. (2) Such keg collars or tap covers are not required to be firmly affixed, provided that the name of the bottler or importer of the malt beverage, as applicable under §§ 7.66-7.68, is permanently or semi-permanently stated on the keg in the form of embossing, engraving, stamping, or through the use of a sticker or ink jet method. (c) This section in no way affects the requirements of part 16 of this chapter regarding the mandatory health warning statement. § 7.52 Legibility and other requirements for mandatory information on labels. (a) Readily legible. (b) Separate and apart. (1) This does not preclude the addition of brief optional phrases of additional information as part of the class or type designation (such as “premium malt beverage”), the name and address statement (such as “Proudly brewed and bottled by ABC Brewing Co. in Pittsburgh, PA, for over 30 years”), or other information required by § 7.63(a). The statements required by § 7.63(b) may not include additional information. (2) Mandatory information (other than an aspartame declaration required by § 7.63(b)(4)) may be contained among other descriptive or explanatory information if the script, type, or printing of the mandatory information is substantially more conspicuous than that of the descriptive or explanatory information. (c) Contrasting background. (1) Black lettering appearing on a white or cream background; or (2) White or cream lettering appearing on a black background. (d) Capitalization. § 7.53 Type size of mandatory information and alcohol content statements. (a) All capital and lowercase letters in statements of mandatory information on labels must meet the following type size requirements. (1) Minimum type size Containers of more than one-half pint. (2) Minimum type size Containers of one-half pint or less. (b) Maximum type size for mandatory and optional alcohol content statements Containers of more than 40 fluid ounces. (2) Containers of 40 fluid ounces or less. § 7.54 Visibility of mandatory information. Mandatory information on a label must be readily visible and may not be covered or obscured in whole or in part. See § 7.62 for rules regarding packaging of containers (including cartons, coverings, and cases). See subpart N of this part for regulations pertaining to advertising materials. § 7.55 Language requirements. (a) General. (b) Foreign languages. (c) Malt beverages for consumption in the Commonwealth of Puerto Rico. § 7.56 Additional information. Information (other than mandatory information) that is truthful, accurate, and specific, and that does not violate subpart F, G, or H of this part, may appear on labels. Such additional information may not conflict with, modify, qualify or restrict mandatory information in any manner. Subpart E—Mandatory Label Information § 7.61 What constitutes a label for purposes of mandatory information. (a) Label. (1) Material affixed to the container, whether made of paper, plastic, metal, or other matter; (2) For purposes of the net contents statement and the name and address statement only, information blown, embossed, or molded into the container as part of the process of manufacturing the container; (3) Information etched, engraved, sandblasted, or otherwise carved into the surface of the container; (4) Information branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container; and (5) Information on a keg collar or a tap cover of a keg, only if it includes mandatory information that is not repeated elsewhere on a label firmly affixed to the container and only if it meets the requirements of § 7.51. (b) Information appearing elsewhere on the container. (1) Material affixed to, or information appearing on, the bottom surface of the container; (2) Caps, corks, or other closures unless authorized to bear mandatory information by the appropriate TTB officer; and (3) Foil or heat shrink bottle capsules. (c) Materials not firmly affixed to the container. § 7.62 Packaging (cartons, coverings, and cases). (a) General. (b) Prohibition. (c) Other information on packaging. (1) The packaging may display any information that is not in conflict with the labeling on the container or containers within the packaging. (2) If the packaging displays a brand name, it must display the brand name in its entirety. For example, if a brand name is required to be modified with additional information on the container or containers within the packaging, the packaging must also display the same modifying language. (3) If the packaging displays a class or type designation it must be identical to the class or type designation appearing on the container or containers within the packaging. For example, if the packaging displays a class or type designation for a specialty product for which a statement of composition is required on the container, the packaging must include the statement of composition as well. (d) Labeling of containers within the packaging. § 7.63 Mandatory label information. (a) Mandatory information. (1) Brand name, in accordance with § 7.64; (2) Class, type, or other designation, in accordance with subpart I of this part; (3) Alcohol content, in accordance with § 7.65, for malt beverages that contain any alcohol derived from added nonbeverage flavors or other added nonbeverage ingredients (other than hops extract) containing alcohol; (4) Name and address of the bottler or importer (which may be blown, embossed, or molded into the container as part of the process of manufacturing the container), in accordance with § 7.66, 7.67, or 7.68, as applicable; and (5) Net contents (which may be blown, embossed, or molded into the container as part of the process of manufacturing the container), in accordance with § 7.70. (b) Disclosure of certain ingredients. (1) FD&C Yellow No. 5. (2) Cochineal extract or carmine. (3) Sulfites. (4) Aspartame. § 7.64 Brand name. (a) Requirement. (b) Misleading brand names. § 7.65 Alcohol content. (a) General. (b) How the alcohol content must be expressed. (1) A statement of alcohol content must be expressed as a percentage of alcohol by volume. Other truthful, accurate, and specific factual representations of alcohol content, such as alcohol by weight, may be made, as long as they appear together with, and as part of, the statement of alcohol content as a percentage of alcohol by volume. (2) For malt beverages containing one half of one percent (0.5 percent) or more alcohol by volume, statements of alcohol content must be expressed to the nearest one-tenth of a percentage point, subject to the tolerance permitted by paragraph (c) of this section. For malt beverages containing less than 0.5 percent alcohol by volume, alcohol content may be expressed either to the nearest one-tenth or the nearest one-hundredth of a percentage point, and such statements are not subject to any tolerance. See paragraph (e) of this section for the rules applicable to such statements. (3)(i) The alcohol content statement must be expressed in one of the following formats: (A) “Alcohol percent by volume”; (B) “percent alcohol by volume”; or (C) “Alcohol by volume: percent.” (ii) Any of the words or symbols may be enclosed in parentheses and authorized abbreviations may be used with or without a period. The alcohol content statement does not have to appear with quotation marks. (4) The statements listed in paragraph (b)(3) of this section must appear as shown, except that the following abbreviations may be used: Alcohol may be abbreviated as “alc”; percent may be represented by the percent symbol “%”; alcohol and volume may be separated by a slash “/” in lieu of the word “by”; and volume may be abbreviated as “vol”. (5) Examples. (i) “4.2% alc/vol”; (ii) “Alc. 4.0 percent by vol.”; (iii) “Alc 4% by vol”; and (iv) “5.9% Alcohol by Volume.” (c) Tolerances. (d) Low alcohol and reduced alcohol. (e) Non-alcoholic. (f) Alcohol free. § 7.66 Name and address for domestically bottled malt beverages that were wholly fermented in the United States. (a) General. (b) Mandatory statement. (c) Form of address. (d) Optional statements. (e) Principal place of business. (f) Multiple breweries under the same ownership. (1) Listing of where bottled. (2) Listing of all brewer's locations. (g) Malt beverages bottled for another person. (2) If the same brand of malt beverage is brewed and bottled by two or more breweries that are not under the same ownership, the label for each brewery may set forth all the locations where bottling takes place, as long as the label uses the actual location (and not the principal place of business) and as long as the nature of the arrangement is clearly set forth. (h) Use of trade names. § 7.67 Name and address for domestically bottled malt beverages that were bottled after importation. (a) General. (b) Malt beverages that were subject to blending or other production activities after importation. (c) Malt beverages bottled after importation without blending or other production activities. (1) If the malt beverages were bottled for the person responsible for the importation, the words “imported and bottled (canned, packed or filled) in the United States for” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation; (2) If the malt beverages were bottled by the person responsible for the importation, the words “imported and bottled (canned, packed or filled) in the United States by” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation; (3) In the situations set forth in paragraphs (c)(1) and (2) of this section, the address shown on the label may be that of the principal place of business of the importer who is also the bottler, provided that the address shown is a location where bottling takes place. (d) Use of trade names. § 7.68 Name and address for malt beverages that are imported in a container. (a) General. (b) Mandatory labeling statement. (1) For purposes of this section, the importer is the holder of the importer's basic permit that either makes the original customs entry or is the person for whom such entry is made, or the holder of the importer's basic permit that is the agent, distributor, or franchise holder for the particular brand of imported alcohol beverages and that places the order abroad. (2) The address of the importer must be stated as the city and State of the principal place of business and must be consistent with the address reflected on the importer's basic permit. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses. The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA. § 7.69 Country of origin. For U.S. Customs and Border Protection (CBP) rules regarding country of origin marking requirements, see the CBP regulations at 19 CFR parts 102 and 134. § 7.70 Net contents. The following rules apply to the net contents statement required by § 7.63. (a) The volume of malt beverage in the container must appear on a label as a net contents statement using the following measures: (1) If less than one pint, the net contents must be stated in fluid ounces or fractions of a pint. (2) If one pint, one quart, or one gallon, the net contents must be so stated. (3) If more than one pint, but less than one quart, the net contents must be stated in fractions of a quart, or in pints and fluid ounces. (4) If more than one quart, but less than one gallon, the net contents must be stated in fractions of a gallon, or in quarts, pints, and fluid ounces. (5) If more than one gallon, the net contents must be stated in gallons and fractions thereof. (b) All fractions must be expressed in their lowest denominations. (c) Metric measures may be used in addition to, but not in lieu of, the U.S. customary units of measurement and must appear in the same field of vision. Subpart F—Restricted Labeling Statements § 7.81 General. (a) Application. (1) The term “label” includes all labels on malt beverage containers on which mandatory information may appear, as set forth in § 7.61(a), as well as any other label on the container. (2) The term “container” includes all parts of the malt beverage container, including any part of a malt beverage container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 7.61(b). (3) The term “packaging” includes any carton, case, carrier, individual covering, or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer. (b) Statement or representation. Food Allergen Labeling § 7.82 Voluntary disclosure of major food allergens. (a) Definitions. (1) Major food allergen (i) Milk, egg, fish (for example, bass, flounder, or cod), Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts (for example, almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or (ii) A food ingredient that contains protein derived from a food specified in paragraph (a)(1)(i) of this section, except: (A) Any highly refined oil derived from a food specified in paragraph (a)(1)(i) of this section and any ingredient derived from such highly refined oil; or (B) A food ingredient that is exempt from major food allergen labeling requirements pursuant to a petition for exemption approved by the Food and Drug Administration (FDA) under 21 U.S.C. 343(w)(6) or pursuant to a notice submitted to the FDA under 21 U.S.C. 343(w)(7), provided that the food ingredient meets the terms or conditions, if any, specified for that exemption. (2) Name of the food source from which each major food allergen is derived (i) In the case of a tree nut, it means the name of the specific type of nut (for example, almonds, pecans, or walnuts); (ii) In the case of Crustacean shellfish, it means the name of the species of Crustacean shellfish (for example, crab, lobster, or shrimp); and (iii) The names “egg” and “peanuts,” as well as the names of the different types of tree nuts, may be expressed in either the singular or plural form, and the names “soy,” “soybean,” or “soya” may be used instead of “soybeans.” (b) Voluntary labeling standards. (c) Cross reference. § 7.83 Petitions for exemption from major food allergen labeling. (a) Submission of petition. (1) Does not cause an allergic response that poses a risk to human health; or (2) Does not contain allergenic protein derived from one of the foods identified in § 7.82(a)(1)(i), even though a major food allergen was used in production. (b) Decision on petition. (c) Resubmission of a petition. (d) Availability of information General. https://www.ttb.gov (2) Requests for confidential treatment of business information. (i) The request must be in writing; (ii) The request must clearly identify the information to be kept confidential; (iii) The request must relate to information that constitutes trade secrets or other confidential, commercial, or financial information regarding the business transactions of an interested person, the disclosure of which would cause substantial harm to the competitive position of that person; (iv) The request must set forth the reasons why the information should not be disclosed, including the reasons the disclosure of the information would prejudice the competitive position of the interested person; and (v) The request must be supported by a signed statement by the interested person, or by an authorized officer or employee of that person, certifying that the information in question is a trade secret or other confidential, commercial, or financial information and that the information is not already in the public domain. Production and Other Claims § 7.84 Use of the term “organic.” Use of the term “organic” is permitted if any such use complies with the United States Department of Agriculture (USDA) National Organic Program rules (7 CFR part 205), as interpreted by the USDA. §§ 7.85-7.87 [Reserved] Subpart G—Prohibited Labeling Practices § 7.101 General. (a) Application. (1) The term “label” includes all labels on malt beverage containers on which mandatory information may appear, as set forth in § 7.61(a), as well as any other label on the container; (2) The term “container” includes all parts of the malt beverage container, including any part of a malt beverage container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 7.61(b); and (3) The term “packaging” includes any carton, case, carrier, individual covering, or other packaging of such containers used for sale at retail but does not include shipping cartons or cases that are not intended to accompany the container to the consumer. (b) Statement or representation. § 7.102 False or untrue statements. Malt beverage labels, containers, or packaging may not contain any statement or representation that is false or untrue in any particular. § 7.103 Obscene or indecent depictions. Malt beverage labels, containers, or packaging may not contain any statement or representation that is obscene or indecent. Subpart H—Labeling Practices That Are Prohibited if They Are Misleading § 7.121 General. (a) Application. (1) The term “label” includes all labels on malt beverage containers on which mandatory information may appear, as set forth in § 7.61(a), as well as any other label on the container; (2) The term “container” includes all parts of the malt beverage container, including any part of a malt beverage container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 7.61(b); and (3) The term “packaging” includes any carton, case, carrier, individual covering, or other packaging of such containers used for sale at retail but does not include shipping cartons or cases that are not intended to accompany the container to the consumer. (b) Statement or representation. § 7.122 Misleading statements or representations. (a) General prohibition. (b) Ways in which statements or representations may be found to be misleading. (2) All claims, whether implicit or explicit, must have a reasonable basis in fact. Any claim on malt beverage labels, containers, or packaging that does not have a reasonable basis in fact or cannot be adequately substantiated upon the request of the appropriate TTB officer is considered misleading. § 7.123 Guarantees. Malt beverage labels, containers, or packaging may not contain any statement relating to guarantees if the appropriate TTB officer finds it is likely to mislead the consumer. However, money-back guarantees are not prohibited. § 7.124 Disparaging statements. (a) General. (b) Truthful and accurate comparisons. § 7.125 Tests or analyses. Malt beverage labels, containers, or packaging may not contain any statement or representation of or relating to analyses, standards, or tests, whether or not it is true, that is likely to mislead the consumer. An example of a misleading statement is “tested and approved by our research laboratories” if the testing and approval does not in fact have any significance. § 7.126 Depictions of government symbols. Representations of the armed forces or flags. § 7.127 [Reserved] § 7.128 Claims related to distilled spirits. (a) General. (b) Exceptions. (1) A truthful and accurate statement of alcohol content, in conformity with § 7.65; (2) The use of a brand name of a distilled spirits product as a malt beverage brand name, provided that the overall label does not create a misleading impression as to the identity of the product; (3) The use of a cocktail name as a brand name or a distinctive or fanciful name of a malt beverage, provided that the overall labeling does not present a misleading impression about the identity of the product; or (4) The use of truthful and accurate statements about the production of the malt beverage as part of a statement of composition or otherwise, such as “aged in whisky barrels,” as long as such statements do not create a misleading impression as to the identity of the product. § 7.129 Health-related statements. (a) Definitions. (1) Health-related statement (2) Specific health claim (3) Health-related directional statement (b) Rules for malt beverage labels, containers, and packaging Health-related statements. (2) Specific health claims. (ii) TTB will approve the use of a specific health claim on a malt beverage label only if the claim is truthful and adequately substantiated by scientific or medical evidence; is sufficiently detailed and qualified with respect to the categories of individuals to whom the claim applies; adequately discloses the health risks associated with both moderate and heavier levels of alcohol consumption; and outlines the categories of individuals for whom any levels of alcohol consumption may cause health risks. This information must appear as part of the specific health claim. (3) Health-related directional statements. (i) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of malt beverage or alcohol consumption; and (ii)(A) Includes as part of the health-related directional statement the following disclaimer: “This statement should not encourage you to drink or to increase your alcohol consumption for health reasons”; or (B) Includes as part of the health-related directional statement some other qualifying statement that the appropriate TTB officer finds is sufficient to dispel any misleading impression conveyed by the health-related directional statement. § 7.130 Appearance of endorsement. (a) General. (b) Disclaimers. (c) Exception. § 7.131 [Reserved] § 7.132 [Reserved] Subpart I—Classes and Types of Malt Beverages § 7.141 Class and type. (a) Products known to the trade. (b) Malt beverage specialty products General. (2) Designation. § 7.142 Class designations. The following class designations may be used in accordance with this section: (a) Any malt beverage, as defined in § 7.1, may be designated simply as a “malt beverage.” (b)(1) The class designations “beer,” “ale,” “porter,” “stout,” “lager,” and “malt liquor” may be used to designate malt beverages that contain at least 0.5 percent alcohol by volume and that conform to the trade understanding of those designations. These designations may be preceded or followed by descriptions of the color of the product (such as “amber,” “brown,” “red,” or “golden”) as well as descriptive terms such as “dry,” “export,” “cream,” and “pale.” (2) No product other than a malt beverage fermented at a comparatively high temperature, possessing the characteristics generally attributed to “ale,” “porter,” or “stout” and produced without the use of coloring or flavoring materials (other than those recognized in standard brewing practices) may bear any of these class designations. § 7.143 Class and type—special rules. The following special rules apply to specified class and type designations: (a) Reconstituted malt beverages. (b) Half and half. (c) Ice beer. (d) Black and tan. (e) Wheat beer. (f) Rye beer. (g) Barley wine ale. (h) Malt beverages aged in barrels General. (2) Barrels previously used in the production or storage of wine or distilled spirits. (i) Examples of acceptable designations for a standard beer aged in a wine barrel include “beer,” “beer aged in a wine barrel,” and “wine barrel aged beer.” (ii) Examples of acceptable designations for an ale brewed with honey and aged in a bourbon barrel include “honey ale” and “bourbon barrel aged honey ale” but not simply “ale” or “bourbon barrel aged ale.” (3) Misleading designations. (i) Other designations. § 7.144 Malt beverages fermented or flavored with certain traditional ingredients. (a) General. (1) A list of such traditional ingredients may be found on the TTB website ( https://www.ttb.gov (2) If the malt beverage has also been fermented or flavored with ingredients that the appropriate TTB officer has not determined are generally recognized as traditional ingredients in the production of a fermented beverage designated as “beer,” “ale,” “porter,” “stout,” “lager,” or “malt liquor,” it is a malt beverage specialty and must be labeled in accordance with the statement of composition rules in § 7.147. (b) Rules for designation. (2) Where more than one exempted ingredient is included, a designation in accordance with trade understanding may identify each ingredient (such as “Ale with cherry juice, cinnamon, and nutmeg”), refer to the ingredients by category (such as “Fruit ale,” “Spiced ale,” or “Ale with natural flavors”), or simply include the ingredient or ingredients that the bottler or importer believes best identify the product (such as “Cherry ale,” “Cinnamon ale,” or “Nutmeg ale”). The designation must distinguish the product from a malt beverage, beer, ale, porter, stout, lager, or malt liquor that is not brewed or flavored with any of these ingredients; thus, unmodified designations such as “beer,” “stout,” or “ale” would not be acceptable. (c) Other requirements. § 7.145 Malt beverages containing less than 0.5 percent alcohol by volume. (a) Products containing less than 0.5 percent of alcohol by volume must bear the class designation “malt beverage,” “cereal beverage,” or “near beer.” (b) If the designation “near beer” is used, both words must appear in the same size and style of type, in the same color of ink, and on the same background. (c) No product containing less than 0.5 percent of alcohol by volume may bear the class designations “beer,” “lager beer,” “lager,” “ale,” “porter,” “stout,” or any other class or type designation commonly applied to malt beverages containing 0.5 percent or more of alcohol by volume. § 7.146 Geographical names. (a) Geographical names for distinctive types of malt beverages (other than names found under paragraph (b) of this section to have become generic) shall not be applied to malt beverages produced in any place other than the particular region indicated by the name unless: (1) In direct conjunction with the name there appears the word “type” or the word “American”, or some other statement indicating the true place of production in lettering substantially as conspicuous as such name; and (2) The malt beverages to which the name is applied conform to the type so designated. The following are examples of distinctive types of beer with geographical names that have not become generic; Dortmund, Dortmunder, Vienna, Wien, Wiener, Bavarian, Munich, Munchner, Salvator, Kulmbacher, Wurtzburger, Pilsen (Pilsener and Pilsner): Provided, (b) Only such geographical names for distinctive types of malt beverages as the appropriate TTB officer finds have by usage and common knowledge lost their geographical significance to such an extent that they have become generic shall be deemed to have become generic, e.g., (c) Except as provided in § 7.64(b), geographical names that are not names for distinctive types of malt beverages shall not be applied to malt beverages produced in any place other than the particular place or region indicated in the name. § 7.147 Statement of composition. (a) A statement of composition is required to appear on the label for malt beverage specialty products, as defined in § 7.141(b), which are not known to the trade under a particular designation. For example, the addition of flavoring materials, colors, or artificial sweeteners may change the class and type of the malt beverage. The statement of composition along with a distinctive or fanciful name serves as the class and type designation for these products. (b) When required by this part, a statement of composition must contain all of the following information, as applicable: (1) Identify the base class and/or type designation. e.g., (2) Identify added flavoring material(s) used before, during, and after fermentation. (i) If the flavoring material is used before or during the fermentation process, the statement of composition must indicate that the malt beverage was fermented or brewed with the flavoring material (such as “Beer Fermented with grapefruit juice” or “Grapefruit Ale”). If the flavoring material is added after fermentation, the statement of composition must describe that process, using terms such as “added,” “with,” “infused,” or “flavored” (such as “Grapefruit-flavored ale.”). (ii) If a single flavoring material is used in the production of the malt beverage product, the flavoring material may be specifically identified (such as “Ale Fermented with grapefruit juice”) or generally referenced (such as “Ale with natural flavor”). If two or more flavoring materials are used in the production of the malt beverage, each flavoring material may be specifically identified (such as “lemon juice, kiwi juice” or “lemon and kiwi juice”) or the characterizing flavoring material may be specifically identified and the remaining flavoring materials may be generally referenced (such as “kiwi and other natural and artificial flavor(s)”), or all flavors may be generally referenced (such as “with artificial flavors”). (3) Identify added coloring material(s). (4) Identify added artificial sweeteners. Subparts J-L [Reserved] Subpart M—Penalties and Compromise of Liability § 7.221 Criminal penalties. A violation of the labeling provisions of 27 U.S.C. 205(e) is punishable as a misdemeanor. See 27 U.S.C. 207 for the statutory provisions relating to criminal penalties, consent decrees, and injunctions. § 7.222 Conditions of basic permit. A basic permit is conditioned upon compliance with the requirements of 27 U.S.C. 205, including the labeling and advertising provisions of this part. A willful violation of the conditions of a basic permit provides grounds for the revocation or suspension of the permit, as applicable, as set forth in part 1 of this chapter. § 7.223 Compromise. Pursuant to 27 U.S.C. 207, the appropriate TTB officer is authorized, with respect to any violation of 27 U.S.C. 205, to compromise the liability arising with respect to such violation upon payment of a sum not in excess of $500 for each offense, to be collected by the appropriate TTB officer and to be paid into the Treasury as miscellaneous receipts. Subpart N—Advertising of Malt Beverages § 7.231 Application. No person engaged in business as a brewer, wholesaler, or importer, of malt beverages directly or indirectly or through an affiliate, shall publish or disseminate or cause to be published or disseminated by radio or television broadcast, or in any newspaper, periodical, or any publication, by any sign or outdoor advertisement, or by electronic or internet media, or in any other printed or graphic matter, any advertisement of malt beverages, if such advertising is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with this subpart: Provided, provided further, And provided further § 7.232 Definitions. As used in this subpart, the term “advertisement” or “advertising” includes any written or verbal statement, illustration, or depiction which is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, internet or other electronic site or social network, or in any written, printed, graphic, or other matter (such as hang tags) accompanying, but not firmly affixed to, the container, representations made on shipping cases, or in any billboard, sign, or other outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media; except that such term shall not include: (a) Any label affixed to any container of malt beverages; or any coverings, cartons, or cases of containers of malt beverages used for sale at retail which constitute a part of the labeling under this part. (b) Any editorial or other reading material (such as a news release) in any periodical or publication or newspaper, for the publication of which no money or valuable consideration or thing of value is paid or promised, directly or indirectly, by any permittee or brewer, and which is not written by or at the direction of the permittee or brewer. § 7.233 Mandatory statements. (a) Responsible advertiser. (b) Class. (c) Exception. (2) On consumer specialty items, the only information necessary is the company name or brand name of the product. § 7.234 Legibility of mandatory information. (a) Statements required under this subpart that appear in any written, printed, or graphic advertisement must be in lettering or type size sufficient to be conspicuous and readily legible. (b) In the case of signs, billboards, and displays the name and address or name and other contact information (such as, telephone number, website, or email) of the permittee responsible for the advertisement may appear in type size of lettering smaller than the other mandatory information, provided such information can be ascertained upon closer examination of the sign or billboard. (c) Mandatory information must be so stated as to be clearly a part of the advertisement and may not be separated in any manner from the remainder of the advertisement. (d) Mandatory information for two or more products shall not be stated unless clearly separated. (e) Mandatory information must be so stated in both the print and audiovisual media that it will be readily apparent to the persons viewing the advertisement. § 7.235 Prohibited practices. (a) General prohibition. (1) Any statement that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter, tends to create a misleading impression. (2) Any false or misleading statement that explicitly or implicitly disparages a competitor's product. This does not prevent truthful and accurate comparisons between products (such as “Our ale contains more hops than Brand X”) or statements of opinion (such as “We think our beer tastes better than any other beer on the market”). (3) Any statement, design, device, or representation which is obscene or indecent. (4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the appropriate TTB officer finds to be likely to mislead the consumer. (5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the appropriate TTB officer finds to be likely to mislead the consumer. Money-back guarantees are not prohibited. (6) [Reserved]. (7) [Reserved]. (8) Any statement, design, device, or representation that tends to create a false or misleading impression that the malt beverage contains distilled spirits or is a distilled spirits product. Advertisements may include the types of statements that are listed as being not prohibited on labels in § 7.128(b). (b) Statements inconsistent with labeling. (2) Any label depicted on a container in an advertisement shall be a reproduction of an approved label, except that malt beverage labels not required to be covered by a COLA in accordance with the rules in § 7.21 of this chapter may also appear on advertisements. (c) [Reserved] (d) Class. (2) No product other than a malt beverage fermented at comparatively high temperature, possessing the characteristics generally attributed to “ale,” “porter,” or “stout” and produced without the use of coloring or flavoring materials (other than those recognized in standard brewing practices) shall be designated in any advertisement by any of these class designations. (e) Health-related statements Definitions. (i) Health-related statement e.g., (ii) Specific health claim (iii) Health-related directional statement (2) Rules for advertising Health-related statements. (ii) Specific health claims. (iii) Health-related directional statements. (A) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of malt beverage or alcohol consumption; and (B)( 1 ( 2 (f) Confusion of brands. (g) Representations of the armed forces or flags. (h) Deceptive advertising techniques. (i) Organic. § 7.236 Comparative advertising. (a) General. (b) Taste tests. (2) The taste test procedure used shall meet scientifically accepted procedures. An example of a scientifically accepted procedure is outlined in the Manual on Sensory Testing Methods, ASTM Special Technical Publication 434, published by the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, ASTM, 1968, Library of Congress Catalog Card Number 68-15545. (3) A statement shall appear in the advertisement providing the name and address of the testing administrator. Subpart O—Paperwork Reduction Act § 7.241 OMB control numbers assigned under the Paperwork Reduction Act. (a) Purpose. (b) Table. Table 1 to Paragraph ( b Section where contained Current OMB Control No. 7.11 1513-0111 7.21 1513-0020 7.22 1513-0020 7.24 1513-0020 7.25 1513-0020 7.27 1513-0020 7.28 1513-0122 7.29 1513-0020 7.62 1513-0087 7.63 1513-0084 7.66 1513-0085 7.67 1513-0085 7.81 1513-0087 7.82 1513-0121 7.83 1513-0121 7.84 1513-0087 7.233 1513-0087