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We continue to seek new opportunities to reduce the burden on industry members. This week we published a notice proposing to amend our wine labeling and advertising regulations to remove an existing regulatory prohibition against claims that a wine contains distilled spirits. See Notice No. 211, Proposal Concerning Labeling of Wines Containing Added Distilled Spirits, published in the Federal Register on June 13, 2022.
This proposed deregulatory measure provides guidance on how winemakers and importers can use these statements to provide additional, non-misleading information to consumers about these types of wines. These regulations to modernize wine labeling requirements are also consistent with recommendations from the Treasury Department in its February 2021 report on competition.
To view all documents and comments received regarding this Notice of Proposed Rulemaking, see File No. TTB-2022-0005 on Regulations.gov. See Notice #211 for complete instructions on how and where to comment.
To comment electronically, use the Regulations.gov comment form for this notice.
Comments are due no later than August 12, 2022.
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Industry Distributed Digital Media Items FAQ
We recently posted Frequently Asked Question (FAQ) AD1: Are branded digital media items distributed by industry members subject to advertising regulations under FAA?
Branded digital media items (such as digital artwork or other images or written materials) that are published or broadcast through electronic media, including items associated with non-fungible token transfers (NFTs) , may be subject to TTB’s advertising regulations, assuming all elements of the law are met.
If the advertisements are electronic forms of specialty consumer items (a term that traditionally includes consumer items such as t-shirts and fridge magnets), the only mandatory information needed is the company name of the ad. responsible advertiser or the brand name of the product. See 27 CFR 4.62(c)(2), 5.233(e)(2), and 7.233(c)(2). These advertisements may not include statements or representations that violate prohibited practices regulations for advertisements. See 27 CFR 4.64, 5.235 and 7.235.
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