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Ever wonder whether the claim that a wine uses “organic grapes” is really true?  Wine is one area where if such claims make their way onto a wine bottle, they are almost certainly valid, as the TTB and the National Organic Program (“NOP”) maintain extremely strict requirements for organic claims on the label.  The NOP has four primary categories for alcoholic beverages: 1) “100% Organic,” 2) “Organic,” meaning at least 95% organic and with no chemically added sulfites, 3) “Made with Organic [ingredients],” requiring at least 70% organic ingredients and may contain chemically added sulfites, and 4) for certain products that contain less than 70% organic ingredients, the ingredients statement may disclose the organic components.

In order to make any organic claims on a wine bottle or other alcohol label, TTB requires several sources of verification, making for a comprehensive but arduous application process.  Along with the items normally required for label approval, applicants must first provide a Processor’s or Handler’s Operation Certificate, which certifies that the winery uses accepted NOP standards.  Notably, imported wines sometimes have difficulty meeting this requirement because foreign certifications are only sufficient if the foreign entity is also a USDA-Accredited Certifying Agent.  Next, applicants must provide an Accredited Certifying Agent Preview, which indicates that the label has been reviewed and found to be in compliance with TTB rules.  Additionally, applicants may need to provide a crop certificate that certifies that the agricultural produce used in the product were grown to NOP standards.

The TTB also has specific rules for the label itself, including requiring a “certification statement,” which includes the name of the accredited certifying agent.  These requirements must be repeated for each vintage year, as labels for new vintages must be resubmitted for approval.

Notably, despite these strict requirements for organic wine labels, other statements on wine bottles that pertain to farming techniques and other “green” claims are largely unregulated by the TTB.  However, this is a fast-evolving area, so stay tuned.

If you need assistance with organic labels, the attorneys at Strike & Techel are familiar with the process and able to help.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010-2011 · All Rights Reserved ·

The FTC released a proposed guide on the use of environmental marketing claims in October. The Green Guide, also known as the Environmental Marketing Guides, requires substantiation when using terms such as, but not limited to,  “eco-friendly”, “biodegradable”, “nontoxic”, “compostable”, “recyclable”, “made of recycled materials”, “made using renewable energy” and “carbon neutral” to describe a product. Companies currently making generalized green claims will need to revise their marketing to avoid the risk of FTC enforcement action.

Any alcohol supplier using green marketing tactics, whether on the label, on the web, or in television advertisements, should review the proposed Green Guide immediately.  General claims like “eco-friendly” will no longer be permissible unless qualification of the claim is provided to the consumer “in close proximity” to the environmental claim.  As applied to alcohol, that may mean a lengthy addition to your label explaining why your product is environmentally friendly. If you are currently labeling your wine as environmentally friendly because you wear hemp clothes when you bottle, donate to Surfrider at the holidays, and compost your dinner scraps, those (laudable) actions may not support environmental labeling claims.

Public comment on the Green Guide is due December 10, with a finalized Green Guide expected to issue in 2011.  They are not expected to change significantly before implementation. Alcohol producers are advised to audit their marketing now and take steps to remove or revise any environmental claims.  Additional information about complying with the Green Guides is available here.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010 · All Rights Reserved ·