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the Administrator the name and address of the additional bottling plant where the particular label is to be used.**
ADVERTISING OF DISTILLED SPIRITS
5.60 Application. No person engaged in business as a distiller, rectifier, importer, wholesaler, or warehouseman and bottler of distilled spirits, directly or indirectly, or through an affiliate, shall publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical or other publication, or by any sign or outdoor advertisement, or any other printed or graphic matter, any advertisement of distilled spirits if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with $$ 5.60–5.64: Provided, That such sections shall not apply to outdoor advertising in place on June 18, 1935, but shall apply upo replacement, restoration, or renovation of any such advertising, and Provided further, That $$ 5.60–5.64 shall not apply to the publisher of any newspaper, periodical or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in business as a distiller, rectifier, importer, wholesaler, or warehouseman and bottler of distilled spirits, directly or indirectly, or through an affiliate.**
5.61 Definitions. As used in $8 5.60–5.6
The term "advertisement” includes any advertisement of distilled spirits through the medium of radio broadcast; or of newspapers, periodicals or other publications; or of any sign or outdoor advertisement; or of any other printed or graphic matter, including trade booklets, menus, and wine cards—if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail; except that such term shall not include
(a) Any label affixed to any bottle of distilled spirits; or any individual covering, carton, or other container of the bottle, or any written, printed, graphic, or other matter accompanying the bottle, which constitutes a part of the labeling under $8 5.30–5.41.
(b) Any editorial or other reading matter in any periodical or newspaper for the publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any permittee.**
5.62 Mandatory statements-(a) Responsible advertiser. The advertisement shall state the name and address of the permittee responsible for its publication or broadcast. Street number and name may be omitted in the address.
(b) Class and type. The advertisement shall contain a conspicuous statement of the class to which the product belongs and the type thereof corresponding with the statement of class and type which is required to appear on the label of the product.
(c) Alcoholic content. (1) The alcoholic content by proof shall be stated for distilled spirits except as otherwise provided in (2) of this paragraph.
**For statutory and source citations, see note to $ 5.20.
(2) The alcoholic content in percentage by volume or by proof shall be stated for cordials and liqueurs, and gin fizzes, cocktails, highballs, bitters, and such other specialties as may be specified by the Administrator from time to time.
(d) Percentage of neutral spirits and name of commodity. (1) In the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, there shall be stated the percentage of neutral spirits so used and the name of the commodity from which such neutral spirits have been distilled. The statement of percentage and the name of the commodity shall be made in substantially the following form: " -% neutral spirits distilled from grain"; or "----% neutral spirits distilled from cane products"; or -% neutral spirits distilled from fruit"; or“----% grain (cane products), (fruit), neutral spirits."
(2) In the case of neutral spirits or of gin produced by a process of continuous distillation, there shall be stated the name of the commodity from which such neutral spirits or gin has been distilled. The statement of the name of the commodity shall be made in substantially the following form: “Distilled from grain”, or “Distilled from cane products”, or “Distilled from fruit.**
5.63 Lettering. Statements required under 88 5.60–5.64 to appear in any written, printed, or graphic advertisement shall be in lettering or type of a size sufficient to render them both conspicuous and readily legible.**
5.64 Prohibited statements-(a) Restrictions. An advertisement of distilled spirits shall not contain
(1) Any statement that is false or misleading in any material particular.
(2) Any statement that is disparaging of a competitor's products.
(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.
(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 name of the
permittee making guaranty.) (6) Any statement that the distilled spirits are distilled, blended, made, bottled, or sold under or in accordance with any municipal, State or Federal authorization, law, or regulation; and if a municipal, State or Federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto.
(7) The words "bond", "bonded", "bottled in bond", "aged in bond", or phrases containing these or synonymous terms, unless such
**For statutory and source citations, see note to § 5.20.
words or phrases appear, pursuant to $8 5.30–5.41 upon the labels of the distilled spirits advertised, and are stated in the advertisement in the manner and form in which they are required to appear upon the label. [As amended Aug. 10, 1936, 1 F.R. 1057]
(8) The word "pure” except as part of the bona fide name of a permittee or a retailer for whom the distilled spirits are bottled.
(9) The terms "double distilled”, “triple distilled", or any similar
(b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of distilled spirits that is inconsistent with any statement on the labeling thereof. This requirement shall become effective August 15, 1936. [As amended Feb. 29, 1936, 1 F.R. 103]
(c) Statements of age. The advertisement shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of distilled spirits unless a statement of age appears on the label of the advertised product. When any such statement, design, or device concerning age or maturity is contained in any advertisement, it shall include (in direct conjunction therewith and with substantially equal conspicuousness) all parts of the statement, if any, concerning age and percentages required to be made on the label under the provisions of $ 5.30–5.41.
(d) Curative and therapeutic effects. The advertisement shall not contain any statement, design, or device representing that the use of any distilled spirits has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.
(e) Place of origin. The advertisement shall not represent that the distilled spirits were manufactured in or imported from a place or country other than that of their actual origin, or were produced or processed by one who was not in fact the actual producer or processor.
(f) Confusion of brands. Two or more different brands or lots of distilled spirits shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or newspaper, or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the impression that representations made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provision of this article or are in any respect untrue.
(g) Statements, seals, flags, coats of arms, crests, and other insignia. Statements, seals, flags, coats of arms, crests, and other insignia, or graphic, 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
23 Examples of statements considered to violate this paragraph may be found in the Administration's circulars of Jan. 21, 1937 and Oct. 15, 1937 (FA-91 and FA-123, see note to $ 5.1).
of arms, crest or other insignia is associated, are prohibited in any advertisement.**
STANDARDS OF FILL FOR BOTTLED DISTILLED SPIRITS
5.70 Application. No person engaged in business as a distiller, rectifier, importer, wholesaler, or warehouseman and bottler, directly or indirectly, or through an affiliate, shall sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or receive therein or remove from customs custody any distilled spirits in bottles unless such distilled spirits are bottled in conformity with 88 5.70–5.74. Distilled spirits domestically bottled prior to January 1, 1935, and imported distilled spirits entered in customs bond in bottles prior to March 1, 1935, shall be regarded as being in conformity with &$ 5.70–5.74 (a) if the bottle, or the label on the bottle, contains a conspicuous statement of the net contents thereof, and (b) if the actual capacity of the bottle is not substantially less than the capacity it appears to have upon visual examination under ordinary conditions of purchase or use.* *
5.71 Misbranding. (a) Distilled spirits shall be deemed to be misbranded
(1) If the bottle is not a standard liquor bottle as prescribed by $ 5.72 for such distilled spirits.
(2) If the amount of the distilled spirits contained in the bottle does not conform to one of the standards of fill in effect therefor under $ 5.73.
(3) If the bottle is in an individual carton or other container, and the carton or other container is so made or formed as to mislead purchasers as to the size of the bottle.**
5.72 Standard liquor bottles—(a) General. A standard liquor bottle shall be one so made, formed and filled as not to mislead the purchaser.
(b) Size. A liquor bottle shall be held to be so filled as to mislead the purchaser if the bottle holds distilled spirits in an amount other than one of the standards of fill in effect therefor under $ 5.73.
(c) Headspace. A liquor bottle of a capacity of one-half pint or more shall be held to be so filled as to mislead the purchaser if it has a headspace in excess of 8 per centum of the total capacity of the bottle after closure.
(d) Design. A liquor bottle shall be held (irrespective of the correctness of the net contents specified on the label) to be so made and formed as to mislead the purchaser, if its actual capacity is substantially less than the capacity it appears to have upon visual examination under ordinary conditions of purchase or use.**
5.73 Standards of fill. (a) The standards of fill for distilled spirits in liquor bottles shall be the following, subject to the tolerances hereinafter allowed :
(1) For all distilled spirits, whether domestically manufactured, domestically bottled, or imported: 1 gallon 1 quart 1 pint
1% pint 12 gallon 4 quart 12 pint
**For statutory and source citations, see note to g 5.20.
(2) In addition, for brandy, whether domestically manufactured, domestically bottled, or imported: 116 pint.
(3) In addition, for Scotch and Irish whiskey and Scotch and Irish type whiskey; and for brandy and rum: 46 pint. (b) The following tolerances shall be allowed:
Discrepancies due exclusively to errors in measuring which occur in filling conducted in compliance with good commercial practice.
(2) Discrepancies due exclusively to differences in the capacity of bottles, resulting solely from unavoidable difficulties in manufacturing such bottles so as to be of uniform capacity: Provided, That no greater tolerance shall be allowed in case of bottles which, because of their design, cannot be made of approximately uniform capacity than is allowed in case of bottles which can be manufactured so as to be of approximately uniform capacity:
(3) Discrepancies in measure due exclusively to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of alcoholic beverages in bottles to evaporation. The reasonableness of discrepancies under this paragraph shall be determined on the facts in each case.
(c) Unreasonable shortages in certain of the bottles in any shipment shall not be compensated by overages in other bottles in the same shipment.*+
5.74 Vintage spirits. Sections 5.70–5.74 shall not apply to
(a) Distilled spirits imported as vintage spirits under permit issued by a District Supervisor of the Alcohol Tax Unit of the Bureau of Internal Revenue pursuant to 26 CFR Part 175.24
(b) Cordials and liqueurs, and cocktails, highballs, gin fizzes, bitters, and such other specialties as are specified from time to time by the Administrator.**
5.80 Exports. The regulations in this part shall not apply to distilled spirits for export. [As amended Feb. 28, 1938, 3 F.R. 486]*+
5.81 Applicability of other regulations. Nothing contained in this part shall be construed as, in any manner, relieving any person from conforming with the requirements of 26 CFR Part 175.25*+
5.82 Effective dates. Sections 5.1-5.22 and 98 5.60–5.64, except as otherwise provided, are effective on and after May 1, 1936. All other sections of this part, except as otherwise provided, are effective on and after August 15, 1936. [As amended Feb. 29, 1936, 1 F.R. 103]*+
Regulations 13, under the provisions of joint resolution approved June 18, 1934, entitled “Joint Resolution to Protect the Revenue by Regulation of the Traffic in Containers of Distilled Spirits", issued by the Secretary of the Treasury.
2 Regulations of the Secretary of the Treasury issued pursuant to provisions of joint resolution approved June 18, 1934, entitled “Joint Resolution to Protect the Revenue by Regulation of the Traffic in Containers of Distilled Spirits”, 48 Stat. 1020; 26 U.S.C. 1222.
**For statutory and source citations, see note to g 5.20.