(a) Applicability. The certificate of label approval (COLA) requirements described in this section apply to distilled spirits bottled in the United States, outside of customs custody.
(b) Distilled spirits shipped or sold in interstate commerce. No person may bottle distilled spirits without first applying for and obtaining a COLA issued by the appropriate TTB officer. This requirement applies to distilled spirits produced and bottled in the United States and to distilled spirits imported in bulk, regardless of where produced, and bottled in the United States. Bottlers may obtain an exemption from this requirement only if they satisfy the conditions set forth in § 5.23.
(c) Evidence of COLA. Upon request by the appropriate TTB officer, a bottler or importer must provide evidence that a container of distilled spirits is covered by a COLA. This requirement may be satisfied by providing original COLAs, photocopies or electronic copies of COLAs, or records showing the TTB identification number assigned to the approved certificate.
Notes of Decisions
Cont'l Distilling Corp. v. George M. Humphrey, 247 F.2d 796 (D.C. Cir. 1957).
“The whiskey, which is distilled at a high proof of between 185° and 189°, is not one of the traditional types of American whiskey, does not possess the taste, aroma, and other characteristics associated with any of them, and falls within none of the type designations recognized…”
Victory Global, LLC v. Fresh Bourbon, LLC (E.D. Ky. 2022).
“27 C.F.R. § 5.21 (b). Brough Brothers argues that, because Congress has given the TTB the authority to determine if a label is false or misleading or incorrectly uses a geographical name, Fresh Bourbon cannot assert a claim under the Lanham Act based on an allegedly misleading…”
— 27 C.F.R. § 5.21(b) — 1 case
Cont'l Distilling Corp. v. George M. Humphrey, 247 F.2d 796 (D.C. Cir. 1957).
“The whiskey, which is distilled at a high proof of between 185° and 189°, is not one of the traditional types of American whiskey, does not possess the taste, aroma, and other characteristics associated with any of them, and falls within none of the type designations recognized…”
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