"SPICED RUM" and the TTB

[Shindig]

I was wondering if anyone else is having issues getting label approval for their Spiced Rum? We have submitted over and over and over and over and keep getting denied based on the titles. The are saying it has to be something like "SPICED FLAVORED RUM" and not just "SPICED RUM". They also want it all on one line. We tried SPICED RUM and then below "RUM WITH NATURAL SPICED FLAVORS" but it got denied. We have seen all the big producers have just 'SPICED RUM' and have also seen the 2nd version we tried to get passed too. We have even tried to submit again as a new product in hopes to get a new person reviewing it. No luck. Often they find new things wrong each time we submit! UGH...

There is just something about the wording of "spiced flavored rum " that sounds a little like it has something fake in it (we use all natural spices).

 

Any thoughts on word choices or words of encouragement ???? Haha 

 

Thanks!

[Jedd Haas]

In general, for flavored products, the most prominent flavor should be named. If there are two key flavors and you want to name both, the one that is used in greater quantity comes first.

Exactly what spice is being used? Let's say it's pepper, and your secondary flavor is salt. With that combination you'd have "Pepper and Salt Flavored Rum." (But not "Salt and Pepper Flavored Rum") as your statement of composition.

You could perhaps try using "Spiced Rum" as the fanciful name and have the statement of composition in smaller type somewhere else.

Disclaimer: this is just based on my own experience and you'll have to look up the rules in 27 CFR if you want to wrangle with the TTB. Which will likely be a waste of time.

[JailBreak]

39 minutes ago, Jedd Haas said:

You could perhaps try using "Spiced Rum" as the fanciful name and have the statement of composition in smaller type somewhere else.

I believe the way we did ours was along these lines. 'Spiced Rum' (all the same font, line and size) as a fanciful name and then under a statement of composition which was 'Rum with Natural Flavors'. Might not work for every TTB officer.

[Shindig]

2 hours ago, JailBreak said:

I believe the way we did ours was along these lines. 'Spiced Rum' (all the same font, line and size) as a fanciful name and then under a statement of composition which was 'Rum with Natural Flavors'. Might not work for every TTB officer.

We tried that and they said no

[bluestar]

Here, quote this from the BAM:

 

1 A distinctive or fanciful product name with a statement reflecting the composition and character of the product is sufficient as class and type designation, e.g., “Spiced Rum, Rum With Spice Flavor”

[captnKB]

@bluestar did you submit formula as a flavored rum or a distilled specialty spirit (DSS)?

If you submited as flavored, the TTB expects the word flavored on the label

If you submit as a DSS you can get a lot more creative with your label and avoid the word flavored

[JailBreak]

1 hour ago, captnKB said:

@bluestar did you submit formula as a flavored rum or a distilled specialty spirit (DSS)?

If you submited as flavored, the TTB expects the word flavored on the label

If you submit as a DSS you can get a lot more creative with your label and avoid the word flavored

I knew I was leaving something out. I think with ours we went down the DSS route for those exact reasons

[Sator Square Distillery]

Within the last month I just got my own spiced rum label approved. It had to go into DSS since they said it was a flavored rum. They approved it as Spiced Rum as the fanciful name, all the same font on the same line. They also approved it "rum infused with spice and other natural flavors".

My spiced rum approval required a formula first, which had to be referenced on the COLA application. I had to correct some of the areas of the application to make sure the fanciful name was Spiced Rum, but other than that no problem.

 

ETA: I'm not sure whether I could have made some minor corrections and squeezed it through as a "flavored" rum. But since I didn't want to use to word "flavored" maybe that's why I didn't have as hard a time putting it through as DSS. It's a mystery to me how they figure out these approvals.

[bluestar]

Sounds like a good topic for a clarification letter from the TTB.

[Shindig]

Thanks all! We will try submitting under DSS. Keep ya posted...

 

[bluestar]

On 6/24/2019 at 8:18 AM, captnKB said:

@bluestar did you submit formula as a flavored rum or a distilled specialty spirit (DSS)?

If you submited as flavored, the TTB expects the word flavored on the label

If you submit as a DSS you can get a lot more creative with your label and avoid the word flavored

We have not submitted for flavored rum yet. But my post was just to show that the BAM is actually inconsistent with the interpretation you just gave, and experience posted here. Not that the TTB doesn't sometimes contradict the BAM. In fact, I suspect the BAM may be outdated, with some interpretations of the CFR having evolved since it was issued.