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TTB and USDA Work Together to Review “Organic” in Labels and Advertising

Posted on | July 7, 2010 | 3 Comments

Bison Brewing is one of a handful of brewers who proudly show the USDA Organic stamp on their beers.

The Tax and Trade Bureau (TTB) and the US Department of Agriculture (USDA) released a new Memorandum of Understanding pertaining to the use of the term “Organic” on alcoholic beverage labels. Of course, this news is of utter importance to brewers, especially those in the NW who have focused on brewing organically.

We learned about this Memorandum on Davis Wright & Tremaine’s Hospitality Law Blog by attorney Kelly Luzania. According to Luzania, the TTB will continue to review all labels and advertising for alcoholic beverages, subject to a caveat. Any labels or advertising making claims that the product is “100% organic”, “organic” or “made with organic (ingredients)” must be reviewed with regard to USDA National Organic Program regulations.
From Kelly’s article:

COLAs for wine, beer and spirit labels that contain “organic” claims will now be approved by the TTB as “approved subject to compliance with the Organic Foods Production Act of 1990 and the National Organic Program regulations[.]” If they do not comply with USDA organic laws, the labels will be rejected and the TTB will let applicants know what changes need to be made to make the label compliant. An applicant may only appeal this rejection with the USDA’s Agricultural Marketing Service.

The Memorandum provides an interesting look at two of the alcoholic beverage industry’s regulatory bodies working together to reduce confusion and maintain consistency in COLA reviews.

A copy of the Memorandum is available on the TTB website and can be accessed by clicking here.

Category: Advertising, Labeling
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Comments

3 Responses to “TTB and USDA Work Together to Review “Organic” in Labels and Advertising”

  1. Daniel Del Grande
    July 8th, 2010 @ 10:15 am

    This “new” memorandum does not seem to change the way TTB has been operating since at least 2005. I believe it replaces a previous MOU, but I can’t find my copy. Does anybody have it to point out any differences between old and new MOU?

  2. Wine Blogs and The Law
    July 30th, 2010 @ 3:17 pm

    [...] THE BREWERY LAW BLOGThis fine blog concentrates on exploring legal issues of concern to brewers and the brewing industry in Washington State. Written by attorney Douglas Reiser, it takes on a number of eclectic issues including Initiative 1100, trademarks and advertising. It is relatively new, but since its launch in April it has consistently posted substantial articles of interest to most people in the alcohol beverage industries.Most Recent Post: “TTB and USDA Work Together to Review ‘Organic’ in Labels and Advertising” [...]

  3. Wine Blogs and The Law « Wine Blog Reviews
    July 31st, 2010 @ 5:09 am

    [...] THE BREWERY LAW BLOGThis fine blog concentrates on exploring legal issues of concern to brewers and the brewing industry in Washington State. Written by attorney Douglas Reiser, it takes on a number of eclectic issues including Initiative 1100, trademarks and advertising. It is relatively new, but since its launch in April it has consistently posted substantial articles of interest to most people in the alcohol beverage industries.Most Recent Post: "TTB and USDA Work Together to Review 'Organic' in Labels and Advertising" [...]

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