Hookemhorns Posted July 29, 2014 Share Posted July 29, 2014 Is there a state or federal license required for private brands? There is a bunch of new local products in Texas that appear virtual in nature. The owners do not appear to have any type of license. I'm told the distillery owns the brand while a 3rd party owns the trademark and handles sales and marketing. The labels are misleading as there is no reference to the actual bottler or the origin. There is currently legislation in process regarding private labels in Texas that was filed by the craft beer industry. Link to comment Share on other sites More sharing options...
TuftedTurtle Posted July 29, 2014 Share Posted July 29, 2014 I know one chain goes to a contract distillery in Princeton to get their vodka's made. I'm pretty sure in their case, the distillery still owns the product, but there are exclusivity rights in the contracts. I'm pretty sure there has to be a origin on the bottle...or at least a bottling origin. It's usually very small on the back. -Turtle Link to comment Share on other sites More sharing options...
Hookemhorns Posted July 29, 2014 Author Share Posted July 29, 2014 That's where Texas is changing the law regarding exclusivity on private labels. If they're exclusive it violates the chain as the retailer can hold the trademark but not exclusive rights to the brand. A large grocery chain is behind a beer that gives the impression of being craft that is sold as a loss leader. The local craft brewers have pushed for legislation. My bigger concern is the guys that market themselves as craft distilleries that don't actually have a distillery. The labels say they are made by the brand and have no reference to the actual bottler or distiller. The only reference is when the ownership of the cola is reviewed, nothing on the label. I've spoke with the TTB and the TABC who said they have received numerous complaints from distillers. Link to comment Share on other sites More sharing options...
Dehner Distillery Posted August 6, 2014 Share Posted August 6, 2014 I can say I do contract bottling and private labeling for other people. My clients own there trademarks, but I have the cola with there permission to use there logos so I can file logos. My name is on the back of every bottle I touch. :0) I know what your talking about tho. I think is sucks for us people that are following the rules. I think some of these people know that they are breaking the law on purpose. Joe Dehner www.dehnerdistillery.com Link to comment Share on other sites More sharing options...
bluestar Posted August 12, 2014 Share Posted August 12, 2014 Federal law requires federally approved labels to indicate where the product is produced, check the CFR. I am not sure what happens if instead of a COLA, a certificate of exemption is obtained for sales only with the state, which some use for private labels, I believe. Link to comment Share on other sites More sharing options...
Hookemhorns Posted August 12, 2014 Author Share Posted August 12, 2014 Federal law requires federally approved labels to indicate where the product is produced, check the CFR. I am not sure what happens if instead of a COLA, a certificate of exemption is obtained for sales only with the state, which some use for private labels, I believe. I've ran across several here in Texas that I'm not seeing any reference on the front or back COLA to where the product is actually made. Usually says produced by the brand, their website pages and facebook pages also give the impression that they make the product. Link to comment Share on other sites More sharing options...
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