C.F.R. » Title 27 » CHAPTER I—ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY › SUBCHAPTER A—ALCOHOL › PART 7—LABELING AND ADVERTISING OF MALT BEVERAGES › Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers

27 C.F.R. § 7.41

Alteration of labels

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(a) Prohibition. It is unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label on malt beverages in containers held for sale in interstate or foreign commerce, or held for sale after shipment in interstate or foreign commerce, except as authorized by §§ 7.42, 7.43, or 7.44, or as otherwise authorized by Federal law.

(b) Authorized relabeling. For purposes of the relabeling activities authorized by this subpart, the term “relabel” includes the alteration, mutilation, destruction, obliteration, or removal of any existing mark, brand, or label on the container, as well as the addition of a new label (such as a sticker that adds information about the product or information engraved on the container) to the container, and the replacement of a label with a new label bearing identical information.

(c) Obligation to comply with other requirements. Authorization to relabel under this subpart:

(1) In no way authorizes the placement of labels on containers that do not accurately reflect the brand, bottler, identity, or other characteristics of the product;

(2) Does not relieve the person conducting the relabeling operations from any obligation to comply with the regulations in this part and with State or local law: and,

(3) Does not relieve the person conducting the relabeling operations from any obligation to obtain permission from the owner of the brand where otherwise required.

Notes of Decisions
Cited in 4 cases, 2018–2019 · leading case: O'Hara v. Diageo-Guinness, USA, Inc., 306 F. Supp. 3d 441 (D.D.C. 2018).
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O'Hara v. Diageo-Guinness, USA, Inc., 306 F. Supp. 3d 441 (D.D.C. 2018). · cites it 2× “See 27 C.F.R. §§ 7.41 , 25.142(e). The TTB may not issue a COLA unless the product's labelling "complies with applicable laws and regulations.”
Atlas Brew Works, LLC v. Barr, 391 F. Supp. 3d 6 (D.C. Cir. 2019). “27 C.F.R. § 7.41 (a). An entity within the Treasury-the Alcohol and Tobacco Tax and Trade Bureau ("TTB")-administers the FAA Act, including the COLA requirement.”
O'Hara v. Diageo-Guinness, USA, Inc., 370 F. Supp. 3d 204 (D.D.C. 2019). “See 27 C.F.R. §§ 7.41 , 25.142(e). The TTB may not issue a COLA unless the product's labelling complies with the applicable regulations.”
Atlas Brew Work, LLC v. Whitaker (D.D.C. 2019). “27 C.F.R. § 7.41 (a). An entity within the Treasury—the Alcohol and Tobacco Tax and Trade Bureau (“TTB”)— administers the FAA Act, including the COLA requirement.”
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