The rest of the world isn't on the same restrictions, and in fact the norm for a 'regular sized bottle' pretty much everywhere else is 700 mL. While it does not require any current labels or advertisements to be changed, the rule is intended to give more flexibility to industry members and provide clarity to existing requirements. Short answer - The Administrative Procedure Act (5 USC sec. As a couple commenters above noted, special interests and industry heavyweights can dominate such rule making. The final rule is effective May 4, 2020. We’ve been serving clients for more than a century, and we’ve been climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal.The TTB Modernizes Alcohol Labeling and Advertising RegulationsFederal Circuit: TTAB's Decision to Enter Judgment as a Discovery Sanction was AppropriateAnimal Rescue Groups May Proceed With Unfair Competition ClaimsProposed Legislation Could Lead to Changes in Lanham Act The front part of the proposal MUST include the reason for the proposed change and what the changes will do. The LAST thing we wanted to do was adopt some rule that was so confusing or burdensome that we'd generate calls from industry and the public asking for "clarification" or an "exception" or more regulatory "changes". Current TTB regulations require that the following appear on the “brand label”: the brand name, the class and type of the distilled spirits, the alcohol content, and, on containers that do not meet a standard of fill, net contents. We had enough stuff to do without creating additional work for ourselves. Final rules based on those proposals, therefore, were adopted in stages instead of being put in one big final rule. I dont have time right now to delve into it. 0. Cheers, grab a glass of your favorite Bourbon, and happy reading! The TTB likewise rejected a proposal that would have required whiskey be designated with a name where it meets the standard for one type of whisky. The parts of the proposal that were ignored or not adopted but that the TTB still would like to adopt in some form probably would be put in another proposal with new discussion of "why" they are needed instead of being adopted as a final rule under the current process.
While I do not know whether the TTB will publish additional final rules based on the initial rulemaking proposal in this case, I expect that what we see now in the final rule is all we get in this round. I'm curious if this are also dropped or perhaps we could still see more changes.
Not anything the TTB has changed, but fascinating to me to see it mentioned -- did not know this. Also, the legislation had specific deadlines by which the various rules had to be adopted. Speaking for 20+ years of experience inside, agency persons LOVE comments from NON-industry commenters. The parts of the proposal that were ignored or not adopted but that the TTB still would like to adopt in some form probably would be put in another proposal with new discussion of "why" they are needed instead of being adopted as a final rule under the current process. Fingers crossed Speaking for 20+ years of experience inside, agency persons LOVE comments from NON-industry commenters. From the horse's mouth. The minimum time between publication of a proposed rule and final adoption/change is 30 days, and public comment on the proposal is allowed and encouraged during that period. . The Fox Rothschild Advertising, Trademark, & Copyright BlogOn April 2, 2020, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a final rule, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages. .” In other words, more than once, somebody outside the “interested/involved” circle of humans saw something ALL of us missed. More than once, we put those issues back in our "to be considered" pile and continued to collect info about them and to refine them. On April 2, 2020, TTB will publish a final rule to address certain proposals included in Notice 176, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages. In particular, the document identifies certain proposals that will not be adopted by the TTB, such as the definition of an "oak barrel" for purposes of aging distilled spirits, and a policy that would have limited “age” statements on distilled spirits labels to include only the time the product is aged in the first barrel, and not aging that occurs in subsequent barrels. Just sayin' . The proposed rule was published for comment months ago as Wade mentioned.