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(4) Variations in the form of the required statements or the additional permissive statements as to age and percentages are prohibited.
(5) If any age, maturity, or similar representation (including words or devices in any brand name or mark) is made relative to any distilled spirits (except neutral spirits, gin, liqueurs, cordials, vodka, cocktails, gin fizzes, highballs, and bitters), the age shall also be stated on all labels where such representation appears, and in script, type, or printing substantially as conspicuous as such representation. Age, maturity, or similar representations as to neutral spirits, gin, liqueurs, cordials, vodka, cocktails, gin fizzes, highballs, and bitters, are misleading, and shall not appear upon any label, except that the use of the word "old" or other word denoting age, appearing as part of the brand name, shall not be deemed to be an age representation in the case of such distilled spirits, or in the case of distilled spirits bottled in bond under the Bottling in Bond Act of the United States. As to all other distilled spirits the word "old" or other word denoting age, appearing as part of the brand name, shall be deemed to be an age representation unless the word “brand” appears in direct conjunction with such brand name in letters of equally conspicuous color and at least one-half the size of the type in which such brand name is printed.**
5.40 General requirements—(a) Contrasting background. All labels shall be so designed that all the statements thereon required by $8 5.30–5.41 are readily legible under ordinary conditions, and all such statements shall be on a contrasting background.
(b) Size of type. All statements required on labels by S8 5.30– 5.41 shall be in readily legible script, type, or printing not smaller than eight-point Gothic caps, except that if contained among other descriptive or explanatory reading matter, the script, type, or printing of all required material shall be of a size substantially more conspicuous than such other descriptive or explanatory reading matter: Provided, That in the case of labels on bottles having a capacity of less than one-half pint, such script, type, or printing thereon need not be in eight-point Gothic caps, but shall be readily legible under ordinary conditions. All statements of the type of distilled spirits shall be in script, type, or printing substantially as conspicuous as the statement of the class to which it refers, and in direct conjunction therewith.
(c) English language. All the requirements of 8 5.30–5.41 shall be stated on all labels in the English language: Provided, That the brand name, the place of production, and the name of the producer appearing on labels need not be in the English language if the words "product of" immediately precede the name of the country in which the distilled spirits were produced in accordance with customs requirements. Additional statements in foreign languages may be made on labels, if no such statements conflict with, or are contradictory to, the requirements of $8 5.30–5.41. Labels on bottles of distilled spirits bottled for consumption within Puerto Rico may, if desired, state the information required by $8 5.30–5.41 solely in the Spanish language in lieu of the English language, except that
**For statutory and source citations, see note to g 5.20.
the net contents, and, if an imitation, the word "imitation" shall also be stated in the English language.
(d) Location of label. No label other than stamps authorized or required by the United States Government or any other government, shall be affixed over the mouths of bottles of distilled spirits, and no label shall obscure any government stamp or be obscured thereby, or obscure any markings or information required to be blown in the bottle by regulations of the Secretary of the Treasury.
(e) Labels firmly affixed. All labels shall be affixed to bottles of distilled spirits in such manner that they cannot be removed without thorough application of water or other solvents.
(f) Additional information on labels. Labels (other than the label to be known for the purposes of this part as the government label) may contain information other than the mandatory label information required by S8 5.30–5.41, provided such information complies with the requirements of 88 5.30–5.41, and does not conflict with, nor in any manner qualify, statements required by any regulations promulgated under the Act.
(g) Representations as to materials. If any representation (other than representations or information required by $8 5.30–5.41) is made as to the presence, excellence, or other characteristic of any ingredient in any distilled spirits, or used in the production thereof, the label containing such representation shall state in print, type, or script, substantially as conspicuous as such representation, the name and amount in percent by volume of each such ingredient, except that percentages of whiskey, where stated, shall be stated as provided in § 5.39: Provided, That no statement shall appear on any label with reference to the use of selected or choice grain, fruit, herbs, or other materials in the distilled spirits, or in the production thereof, unless such materials are of a higher grade than that customarily used in the industry, and then only if the Administrator has previously found on the basis of evidence submitted to him, that such materials are of such higher grade. If only a portion of the materials used is of such higher grade, then the percentage thereof that is of such higher grade shall be stated in direct conjunction with such statement, in print, type, or script, substantially as conspicuous as that used in connection with such statement.
(h) Contents of bottles. Upon request of the Administrator, there shall be submitted to him a full and accurate statement of the contents of the bottles to which labels are to be or have been affixed.*+
5.41 Prohibited practices-(a) Statements on labels. Bottles containing distilled spirits, or any labels on such bottles, or any individual covering, carton, or other container of such bottles used for sale at retail, or any written, printed, graphic, or other matter accompanying such bottles to the consumer shall not contain
(1) Any statement that is false or untrue in any particular or that, irrespective of falsity, directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression. Examples of such prohibited statements are:
**For statutory and source citations, see note to g 5.20.
Reproductions of medals or facsimiles of awards, when no medals or awards have been given for the particular product.
The statement that the product is “100% straight whiskeys”, when in fact the product is less than 100 proof.
The statement that “Fine flavored, genuine bourbon whiskey is made only in Kentucky.”
Domestic products containing the statement "Furnished to His Majesty, the King of
"Due to our method of storage, this product ages in half the time."
“This whiskey is two months old. Due to our special aging process, however, it has the taste and characteristics of a much older whiskey."
“This whiskey is four months old. Due to our special manufacturing processes, this whiskey has all the characteristics of a one year old whiskey."
“Distilled from a scientifically controlled fermentation under laboratory control.”
(2) Any statement that is disparaging of a competitor's products. Examples of such prohibited statements are:
"Contains no neutral spirits or alcohol.”
“Should not be confused with imitations that are made from neutral spirits."
"Contains no headaches."
(3) Any statement, design, device, or representation which is obscene or indecent.
(4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the Administrator finds to be likely to mislead the consumer. Examples of such statements are:
"From 20 to 30 scientific determinations are required for each bottle tested."
“Analyzed by State laboratories and found to be pure and free from deleterious ingredients."
“Chemical analysis shows this whiskey to contain the flavoring, aroma, and other characteristics of four year old whiskey", when in fact such whiskey is less than four years old.
“Before bottling it is subjected to the most rigid tests for its taste, bouquet, and aroma, by our technical staff”, signed B. Ch. E. The statement that “The
Laboratories, recognized expert authority, tests and judges
products. The statement “Tasted and approved”, signed by The Research Institute.
The statement “Tasted and tested to assure the highest quality flavoring and freedom from deleterious ingredients."
(5) Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which the Administrator finds
to be likely to mislead the consumer. Nothing herein shall prohibit the use of an enforceable guaranty in substantially the following form: “We will refund the purchase price to the purchaser if he is in any manner dissatisfied with the contents of this package.
(Blank to be filled in with the name of the
permittee making guaranty) Examples of such statements are: “Guaranteed to consumer by “Warranted to be the best product in its price range.' "Certified to be pure and free from deleterious matter." “Guaranteed to be ten years old.” "Guaranteed to be distilled in the State of “Attested to be made by modern, scientific manufacturing processes."
(6) A trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, or any graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: Provided, that this subsection shall not apply to the use of the name of any person engaged in business as a distiller, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or warehouseman, of distilled spirits, nor to the use by any person of a trade or brand name that is the name of any living individual of public prominence or existing private or public organization, provided such trade or brand name was used by him or his predecessors in interest prior to August 29, 1935.20
(b) Simulation of Government stamps, etc.-(1) Application. No label shall be of such design as to resemble or simulate a stamp of the United States Government or any State or foreign Government. No label, other than stamps authorized or required by this or any other Government, shall state or indicate that the distilled spirits contained in the labeled bottle are distilled, blended, made, bottled, or sold under, or in accordance with, any municipal, State, or Federal authorization, law, or regulations, unless such statement is required or specifically authorized by Federal, State, or municipal law or regulations, or is required or specifically authorized by the laws or regulations of a foreign country. If the municipal, State, or Federal government permit number is stated upon a Tabel, it shall not be accompanied by any additional statement relating thereto.
(2) Imported distilled spirits. If imported distilled spirits are labeled Scotch whiskey, blended Scotch whiskey, Irish whiskey, blended Irish whiskey, Canadian whiskey, blended Canadian whiskey, rum, brandy, or Cognac, or are labeled as whiskey of an American type, and such distilled spirits are covered by a certificate of origin
20 Examples of statements considered to violate this subsection may be found in the Administration's circulars of January 21, 1937 and October 15, 1937, see note to $ 5.1. Page 56
or of age issued by a duly authorized official of the appropriate foreign government, the label, except where prohibited by the foreign government, may refer to such certificate or the fact of such certification, but shall not be accompanied by any additional statement relating thereto. The reference to such certificate or certification shall, in the case of Cognac, be substantially in the following form: "This product accompanied at the time of importation by an 'Acquit Regional Jaune d'Or' issued by the French Government, indicating that this grape brandy was distilled in the Cognac Region of France"; and in the case of the other distilled spirits, substantially in the following form: “This product accompanied at time of importation by a certificate issued by the
government (name of government) indicating that the product is class and type as required to be stated on the label), and (if label claims age) that none of the distilled spirits are of an age less than stated on this label.”
(3) Domestic "bottled in bond” spirits. The words “bond”, “bonded", "bottled in bond", "aged in bond”, or phrases containing these or synonymous terms, shall not be used on any label or as part of the brand name of domestic distilled spirits unless such distilled spirits were in fact bottled in bond under the Bottling in Bond Act of the United States.
(4) Imported "bottled in bond” spirits. The words "bond”, “bonded", "bottled in bond", "aged in bond", or phrases containing these or synonymous terms, shall not be used on any label or as part of the brand name of imported distilled spirits unless such distilled spirits, as to proof and age, and in all other respects, meet the requirements applicable to distilled spirits bottled for domestic consumption, under the Bottling in Bond Act of the United States; and unless the laws and regulations of the country in which such distilled spirits are produced authorize the bottling of distilled spirits in bond and require or specifically authorize such distilled spirits to be so labeled. All spirits labeled as “bonded”, “bottled in bond”, or (aged in bond” pursuant to the provisions of this paragraph shall bear in direct conjunction with such statement and in script, type or printing substantially as conspicuous as that used on such statement, the name of the country under whose laws and regulations such distilled spirits were so bottled. [As amended Aug. 10, 1936, 1 F.R. 1057]
(c) Use of word "pure.” The word "pure” shall not be stated in any manner on any labels, except as part of the bona fide name of a permittee or retailer for whom the distilled spirits are bottled.
(d) Use of “double distilled” or similar terms. No gin or other distilled spirits shall be labeled as "double distilled" or "triple distilled”, or any similar term.
(e) Statements, seals, flags, coats of arms, crests, and other insignia. Statements, seals, flags, coats of arms, crests, or other insignia, or graphic or pictorial or emblematic representations thereof, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, the government, organization, family, or individual with whom such seal, flag, coat