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I am trying to get a label approved for a flavored whiskey and its being rejected because it contains an age statement. Initially I used the wording "aged in oak barrels with whole coffee beans" and after it was rejected the first time I tried changing that to "rested in oak barrels with whole coffee beans". This was also rejected with the following additional info provided: "RESTED IN OAK BARRELS IS AN AGE CLAIM. AGE CLAIMS ARE NOT PERMITTED ON FLAVORED WHISKEY PRODUCTS PER 27 CFR 5.40 (d). PLEASE REMOVE THIS CLAIM FROM YOUR BACK LABEL TEXT" Here is the subsection they are referencing: (d) Other distilled spirits. Age, maturity, or similar statements or representations as to neutral spirits (except for grain spirits as stated in paragraph © of this section), gin, liqueurs, cordials, cocktails, highballs, bitters, flavored brandy, flavored gin, flavored rum, flavored vodka, flavored whisky, and specialties are misleading and are prohibited from being stated on any label. So my question is can anyone suggest a wording I could use that would allow me to truthfully convey to the consumer that this product has been in a used oak barrel; but at the same time not make it an age statement? Is any mention of "oak barrel" automatically a statement of age? Here are two options I am considering for my next attempt: "Infused in charred oak barrels with whole coffee beans" "infused with coffee beans and charred white oak!"
