2 questions about labels with TTB

[Michael B]

Can you tell me if:

1. we can send in another (slightly different) spirits label to TTB (for the same bottle) during the 45 days it takes them to consider our original label submission? (I'd like to potentially save some time)

2. even though TTB states they can revoke a previously approved label, has anyone actually experienced this or know of it taking place?

Thank you!

Michael

[Andrew]

Michael:

This is only my experience, your mileage may vary.

1) If you withdraw a label and replace it with a similar modified one you are starting over. The only time you remain in queue is when you have a rejection and do corrections. If you are pressed for time, you can request an expedited review but there will be a fee and you need to demonstrate the need for the expedite. I'd recommend a COLA lawyer if you go that route.

2) Yes, they can and will pull labels in active use. We submitted a modified version of an active label, and it got rejected for using the word "refreshing" (the rejection was that refreshing is a medical claim). I pointed out the word was on the then-active label and had passed a number of COLA submissions. No dice, I was given a use-up allowance to burn through our existing stock of printed labels for that product but the label was otherwise revoked.

Best,

Andrew

[Michael B]

Thank you, Andrew.

That's surprising that they rejected "refreshing"-- I'm curious, was that word on the front or back label?

[Sixdegrees]

Depending on what you want to change, you don't have to resubmit The TTB allows certain modifications to approved labels that do not require a resubmittal. So if your changes fall into those categories, just continue and change later.