In a break from prior practice, the TTB recently issued interim rules, pending formal rulemaking, allowing wineries to provide nutritional and caloric information on their labels. The new rules, issued on May 28, now permit wineries to provide truthful, accurate and specific voluntary statements about the nutritional content of their products. The TTB made it clear that the new rules are permissive and that wineries may -- but are not required to -- include such information on their labels. The TTB also made it clear that it expects to issue final regulations and that these could further impact producers' labels.
At least for now, the TTB has determined that:
1. A "Serving Facts" matrix may appear on wine bottles and advertisements, reflecting the serving size, number of servings per container, number of calories and the number of grams of carbohydrates, protein and fat per serving size.
2. The "Serving Facts" must be accurate and cannot be misleading.
3. Alcohol percentage by volume may be identified.
4. A new application for certificate of label approval (“COLA”) is not necessary if a previously approved label is being changed only to include a "Serving Facts" statement in accordance with the new rules, or if the format of the "Serving Facts" is of the type depicted in the TTB's recent guidance.
This regulatory development is good news for those wineries who believe that consumers are keenly interested in nutritional and caloric information and may consider such facts when purchasing wine.
As always, you should consult counsel before designing or changing your labels.
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