ing, the quantity and the location of the malt beverages, and the name and address of the person by whom they will be relabeled.27** *§§ 7.20 to 7.61, inclusive, issued under the authority contained in sec. 2 (d), 49 Stat. 977; 27 U.S.C., Sup. I, 202 (d): interpret sec. 5 (e), (f), 49 Stat. 982, 984, as amended by sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966; 27 U.S.C., Sup., 205 (e), (f).

tIn §§ 7.20 to 7.61, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Regs. 7, Fed. Alc. Adm., Nov. 19, 1936, 1 F.R. 2013.

7.21 Misbranding. Malt beverages in containers shall be deemed to be misbranded―

(a) If the container fails to bear on it a brand label (or a brand label and other permitted labels) containing the mandatory label information as required by §§ 7.20-7.29 and conforming to the general requirements specified herein.

(b) If the container, cap, or any label on the container, or any carton, case, or other covering of the container used for sale at retail, or any written, printed, graphic, or other matter accompanying the container to the consumer buyer contains any statement, design, device, or graphic, pictorial, or emblematic representation that is prohibited by 88 7.20-7.29.

(c) If the container has blown, branded, or burned therein the name or other distinguishing mark of any person engaged in business as a brewer, wholesaler, bottler, or importer, of malt beverages, or of any other person, except the person whose name is required to appear on the brand label.*t

7.22 Mandatory label information. There shall be stated (a) On the brand label

(1) Brand name, in accordance with § 7.23.

(2) Class, in accordance with § 7.24.

(3) Name and address (except when branded or burned in the container) in accordance with § 7.25, except as provided in (b) of this section.

(4) In the case of domestic malt beverages containing one-half of 1 per centum or more of alcohol by volume the statement "Taxpaid at the rate prescribed by internal revenue law" or "Internal revenue tax paid" (except where the container bears a revenue stamp indicating tax payment).

(5) Net contents (except when blown, branded, or burned, in the container) in accordance with § 7.27.

8

(b) On the brand label or on a separate label (back or front)In the case of imported malt beverages, name and address of importer, in accordance with § 7.25.

(2) In the case of malt beverages bottled or packed for the holder of a permit or a retailer, the name and address of the bottler or packer, in accordance with § 7.25.

(3) Alcoholic content, when required by State law, in accordance with § 7.26.**

7.23 Brand names—(a) General. The malt beverage shall bear a brand name, except that if it is not sold under a brand name, then

"No forms of application for permission to relabel have been prescribed. **For statutory and source citations, see note to § 7.20.

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the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of §§ 7.20-7.29.

(b) Brand names of geographical significance. Where a geographical name or adjective is used as the brand name, or a part of the brand name, and the Administrator finds that the use of such geographical name or adjective, or any statement, design, or device appearing upon the label in conjunction therewith, tends to create the impression that the product was produced in a place or region other than that of actual production, he may require the word "brand" to be stated in direct conjunction with such geographical name or adjective, in lettering at least one-half the size of the lettering in which such name or adjective appears on the label. If the Administrator finds that the addition of the word "brand" does not remove the misleading impressions conveyed by the use of such geographical name or adjective, he may require, in addition to the word "brand" other appropriate language which will disclose the true place of production.**

7.24 Class and type. (a) The class of the malt beverage (such as "cereal beverage", "near beer", "beer", "lager beer", "lager", "ale", "porter", or "stout") shall be stated, and, if desired, the type thereof may be stated.

(b) No product shall be designated as "half and half" unless it is in fact composed of equal parts of two classes of malt beverages the names of which are conspicuously stated in conjunction with the designation "half and half".

(c) No product containing less than one-half of 1 per centum of alcohol by volume shall bear the class designations "beer", "lager beer", "lager", "ale", "porter", or "stout", or any other class or type designation commonly applied to malt beverages containing one-half of 1 per centum or more of alcohol by volume.

(d) No product containing less than 5 per centum of alcohol by volume shall bear the class designations "ale", "porter", or "stout", or any other class or type designation commonly applied to malt beverages containing 5 per centum or more of alcohol by volume.

(e) Geographical names for distinctive types of malt beverages (other than names found by the Administrator under paragraph (f) to have become generic) shall not be applied to malt beverages produced in any place other than the particular region indicated by the name unless (1) in direct conjunction with the name there appears the word "type" or the word "American", or some other statement indicating the true place of production in lettering substantially as conspicuous as such name, and (2) the malt beverages to which the name is applied conform to the type so designated. The following are examples of distinctive types of beer with geographical names that have not become generic: Dortmund, Dortmunder, Vienna, Wien, Wiener, Bavarian, Munich, Munchner, Salvator, Kulmbacher, Wurzburger.

(f) Only such geographical names for distinctive types of malt beverages as the Administrator finds have by usage and common knowledge lost their geographical significance to such extent that

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**For statutory and source citations, see note to § 7.20.

they have become generic, shall be deemed to have become generic. The following are examples of distinctive types of malt beverages with geographical names that have become generic: Pilsen Beer (Pilsener, Pilsner), India Pale Ale.

(g) Except as provided in § 7.23 (b), geographical names that are not names for distinctive types of malt beverages shall not be applied to malt beverages produced in any place other than the particular place or region indicated in the name.**

7.25 Name and address—(a) Domestic malt beverages. On labels of containers of domestic malt beverages there shall be stated the name of the bottler or packer and the place where bottled or packed. If such malt beverages are bottled or packed for a person other than the actual bottler or packer there may be stated in addition to the name and address of the bottler or packer (but not in lieu thereof), the name and address of such other person immediately preceded by the words "bottled for", "distributed by", or some other similar appropriate phrase.

(b) Imported malt beverages. On labels of containers of imported malt beverages, there shall be stated the words "imported by", or a similar appropriate phrase, and immediately thereafter the name of the permittee who is the importer, or exclusive agent, or sole distributor, or other person responsible for the importation, together with the principal place of business in the United States of such person. In addition there may, but need not, be stated unless required by State or foreign law or regulation the name and principal place of business of the foreign manufacturer, bottler, packer, or shipper.

(c) Post-office address. The "place" stated shall be the postoffice address, except that the street address may be omitted. No additional places or addresses shall be stated for the same person, unless, (1) such person is actively engaged in the conduct of an additional bona fide and actual malt beverage business at such additional place or address, and (2) the label also contains, in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular malt beverage.**

7.26 Alcoholic content. The alcoholic content and the percentage and quantity of the original extract shall not be stated unless required by State law. When alcoholic content is required to be stated, but the manner of statement is not specified in the State law, it shall be stated in percentage of alcohol by weight or by volume, and not by proof or by maximums or minimums. Otherwise the manner of statement shall be as specified in the State law.*†

7.27 Net contents. (a) Net contents shall be stated as follows: (1) If less than 1 pint, in fluid ounces, or fractions of a pint. (2) If 1 pint, 1 quart, or 1 gallon, the net contents shall be so stated.

(3) If more than 1 pint, but less than 1 quart, the net contents shall be stated in fractions of a quart, or in pints and fluid ounces.

**For statutory and source citations, see note to § 7.20.

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(4) If more than 1 quart, but less than 1 gallon, the net contents shall be stated in fractions of a gallon, or in quarts, pints, and fluid

ounces.

(5) If more than 1 gallon, the net contents shall be stated in gallons and fractions thereof.

(b) All fractions shall be expressed in their lowest denominations. (c) The net contents need not be stated on any label if the net contents are displayed by having the same blown, branded, or burned in the container in letters or figures in such manner as to be plainly legible under ordinary circumstances and such statement is not obscured in any manner in whole or in part.*†

7.28 General requirements—(a) Contrasting background. All labels shall be so designed that all statements thereon required by §§ 7.20-7.29 are readily legible under ordinary conditions, and all such statements shall be on a contrasting background.

(b) Size of type. Except as to statements of alcoholic content, all statements required on labels by §§ 7.20-7.29 shall be in readily legible script, type, or printing not smaller than 8-point gothic caps. 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. All portions of any statement of alcoholic content shall be of the same size and kind of lettering and of equally conspicuous color, and such lettering shall not be larger than 8-point gothic caps, except when otherwise required by State law.

(c) English language. All information, other than the brand name required by $$ 7.20-7.29 to be stated on labels shall be in the English language. Additional statements in foreign languages may be made, if no such statements in any way conflict with, or are contradictory to, the requirements of §§ 7.20-7.29. Labels on containers of malt beverages packaged for consumption within Puerto Rico may, if desired, state the information required by $$ 7.20-7.29 solely in the Spanish language, in lieu of the English language, except that the net contents shall also be stated in the English language.

(d) Labels firmly affixed. All labels shall be affixed to containers of malt beverages in such manner that they cannot be removed without thorough application of water or other solvents.

(e) Additional information. Labels may contain information other than the mandatory label information required by §§ 7.20-7.29, provided such information complies with the requirements of §§ 7.207.29, and does not conflict with, nor in any manner qualify, statements required by any regulation promulgated under the Act.*

7.29 Prohibited practices-(a) Statements on labels. Containers of malt beverages, or any labels on such containers, or any carton, case, or individual covering of such containers, used for sale at retail, or any written, printed, graphic, or other matter accompanying such containers 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

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**For statutory and source citations, see note to § 7.20.

inference, or by the addition of irrelevant, scientific, or technical matter tends to create a misleading impression.

(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.

(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 paragraph shall not apply to the use of the name of any person engaged in business as a producer, importer, bottler, packer, wholesaler, retailer, or warehouseman, of malt beverages, 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, 1935.28

(b) Simulation of Government stamps. No label shall be of such design as to resemble or simulate a stamp of the United States Government or of any State or foreign government. No label, other than stamps authorized or required by the United States Government or any State or foreign government, shall state or indicate that the malt beverage contained in the labeled container is brewed, made, bottled, packed, labeled, or sold under, or in accordance with, any municipal, State, Federal, or foreign government authorization, law, or regulation, unless such statement is required or specifically authorized by Federal, State, or municipal, law or regulation, or is required or specifically authorized by the laws or regulations of the foreign country in which such malt beverages were produced. If the municipal or State government permit number is stated upon a label, it shall not be accompanied by any additional statement relating thereto, unless required by State law.

28

Under (5) the Administrator has permitted the use of statements 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.

(Name of the permittee making statement)"

(See § 5.41 (a) (5)) In a circular dated Nov. 1, 1937, the Administrator set forth the conditions under which trade marks of can manufacturers could be reproduced on cans used for the marketing of beer so as not to create a misleading impression (FA-126).

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