Page images
PDF
EPUB
[ocr errors]

66

bonded”,

[ocr errors]
[ocr errors]
[ocr errors]

(d) Statement Not Permissible on Labeling.--The advertisement

(1) Shall not state that the distilled spirits are distilled, blended, madé, bottled, or sold under or in accordance with any municipal, State, or Federal authorization, law, code, or regulation; and if a municipal, State or Federal permit number is stated, the permit number shall not be accompanied by any additional statement relat

ing thereto. (2) Shall not contain the words “guaranteed

guaranteed ”, “ warranted".

66 ” certified ”, or similar words, except in connection with a bona fide guarantee creating an intelligible and enforceable guarantee to the purchaser of the product. (3) Shall not contain the words “bond”,

66 bottled in bond”, “ aged in bond”, “ bottled under customs supervision ", or similar wording, unless the entire contents of the bottle were in fact bottled in bond under the Bottling in Bond Act of the United States or a similar act or regulation of some foreign government and the name of the Government is stated in direct conjunction with the statement.

(4) Shall not contain the word pure” except as part of the bona fide name of a member of the industry or a retailer for whom the distilled spirits are bottled.

(5) Shall not contain the words “double distilled ”, “triple distilled "

or any similar term. (e) 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 that does not include (in direct conjunction therewith and with substantially equal emphasis and conspicuousness) all parts of the statements, if any, concerning age and percentages required to be made on the label under the provisions of article III of these regulations or any amendment thereof promulgated by the Administration and in force on the tenth day prior to the closing date for publication of the advertisement.

(f) Disparagement of Competitors' Products. The advertisement shall not contain any statement, design, or device which disparage's any brand, class, or type of distilled spirits produced, imported, or distributed by another member of the industry.

(9) 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 directly or by ambiguity, omission, or inference tends to create a misleading impression.

(h) 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.

(i) 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 untrúe.

(j) Untrue Statements.—The advertisement shall not contain any statement that is untrue in any material particular.

SEC. 73. Notice of Amendments.—The Administration hereby declares that it will be the policy of the Administration, in adopting substantial amendments to this article, to do so only after reasonable public notice and opportunity for public hearing.

Sec. 74. Type.-Statements required under this article to appear in any written, printed, or graphic advertisement shall be of a size sufficient to render them both conspicuous and readily legible.

SEC. 75. Exemption of Existing Outdoor Advertising:- This article shall not apply to signs and outdoor advertising in place on January 12, 1935. .

ARTICLE VIII. STANDARDS OF FILL FOR BOTTLED

DISTILLED SPIRITS 1

SEC. 80. Misbranding.

(a) Distilled spirits in a liquor bottle shall be deemed to be misbranded

(1) If the bottle is not a standard liquor bottle as prescribed by section 81 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 section 82.

(3) If the bottle is in an individual carton or other container for use for sale at retail, and the carton or other container is so made or formed as to mislead purchasers as to the size of the bottle.

(6) No member of the industry shall sell or otherwise introduce into commerce in the United States or Puerto Rico, distilled spirits in liquor bottles misbranded under this article, if such distilled spirits were bottled in the United States on or after January 1, 1935, or in Puerto Rico on or after March 1, 1935.

(c) No member of the industry shall, on or after March 1, 1935, import into the United States or Puerto Rico, from any place outside the United States or Puerto Rico, distilled spirits in liquor bottles, or subsequently sell or otherwise introduce into commerce distilled spirits so imported, if such distilled spirits are misbranded under this article--unless such distilled spirits were, prior to that date, consulated for importation into the United States or Puerto Rico.

(d) This article shall not apply to cordials, liqueurs, cocktails, bitters, gin fizzes, and such other specialties as are specified from time to time by the Commissioner of Internal Revenue, pursuant to Regulations 13 (Liquor Bottle Regulations) issued by the Secretary of the Treasury.

on

1 Misbranding Regulations, series 2, revisior 1, originally issued July 20, 1934. The provisions of article VIII, as appearing herein, are amended to date. The original regulations (issued on June 6, 1934), and interpretation 1 thereof (issued on June 21, 1934)are not reproduced berein for the reason that their provisions were superseded by the present revision before they came into effect. Nor, in case of the amendments to the revised -regulations, is- the text of the regulation prior to its ainendment set forth, since, in general, the amendment was made before the provisions amended came into effect.

SEC. 81. Standard Liquor Bottles.

(a) General.-A standard liquor bottle shall be one so made, formed, and filled as not to mislead the purchaser.

(6) 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 section 82.

(c) Headspace.--A liquor bottle shall be held to be so filled as to mislead the purchaser if it has a headspace in excess of five per centum of the total capacity of the bottle after closure; except that alcohol or neutral spirits bottled at 190° of proof or more shall be permitted a headspace not in excess of eight per centum of such total capacity. Notwithstanding the foregoing provisions of this section, the Administration may, upon application, specify a greater headspace for miniature liquor bottles where necessary to meet difficulties in manufacturing.

(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 the bottle is of a type that has been found by the Administration to be so designed as to appear to consumer purchasers, upon visual inspection in the ordinary course of trade, to hold distilled spirits in an amount substantially in excess of the amount which the bottle is capable of holding, and members of the industry have been given due notice of such finding.

SEC. 82. 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

18 pint 12 gallon 4 quart 1/2 pint

to pint (2) In addition, for brandy, whether domestically manufactured, domestically bottled, or imported :

To pint. (3) În addition, for Scotch and Irish whiskey and Scotch and Irish type whiskey of domestic manufacture; and for brandy and rum, whether domestically manufactured, domestically bottled, or imported:

46 pint. (6) The following tolerances shall be allowed :

(1) 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 re

sult 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 mitigated by overages in other bottles in the same shipment.

SEC. 83. Vintage Spirits. This article shall not apply to 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 Regulations 13 (Liquor Bottle Regulations) issued by the Secretary of the Treasury.?

Sec. 84. È sports. This article shall not apply to distilled spirits bottled for exportation in foreign commerce according to specifications or directions of the foreign purchaser or the requirements of law of the country of destination.

? Copies of the Liquor Bottle Regulations of the Treasury Department (Regulations 13) may be obtained from the Commissioner of Internal Revenue, Treasury Department, Washington, D. C. The Treasury Department Liquor Bottle Regulations adopt the standard sizes of bottles prescribed by the Federal Alcohol Control Administration in the above regulations. The Treasury Department Liquor Bottle Regulations set forth in addition requirements as to the consignment, shipment, and delivery of liquor bottles, and indicia to be blown into liquor bottles. See Appendix E at p. 43 herein.

APPENDIX A

I. PERTINENT CODE PROVISIONS

1. CODE OF FAIR COMPETITION FOR THE DISTILLED SPIRITS INDUSTRY Sections 1 and 2 of Article V provide as follows:

“ The followiug practices constitute unfair methods of competition and shall not be engaged in by any member of the industry:

SECTION 1. False Advertisiny:-To publish or disseminate in any manner any false advertisement of any distilied spirits. An advertisement.shall be deemed to be false if it is. untrue in any particu ar, or if directly or by ambiguity, omission, or inference it tends to create a misleading impression.

“ SEC. 2. M.obrunding. To sell or otherwise introduce into commerce any distilled spirits. that are misbrandı d. Distilled spirits sball be deemed to be misbranded

“(a) Food and Drugs Act Requirements.-If they are misbranded within the meaning of the Food and Drugs Act.

"(0) Standards of Fill.-If their container is so made, formed, or filled as to mislead the purc.aser, or its contents fall below the standard of fill prescribed by regulations of the Administration.

*(C) Standards of Identity.-If they purport to be or are represented as distilled spirits for which a definition of identity has been prescribed by regulations of the Administrationand they fail to conform to the definition.

"(d) stundurds of quality.-If they purport to be or are represented as distilled spirits for woich standards of quality have been prescribed by regulations of the Administration, and (1) fail to state on the label, if so required by the regulations, their standard of quality in such terms as the regulations specify, or (2) fali below the standard stated on the label.

"(e) Label Requirements.-If in package form and they fail to bear a label conforming. to such requirements as the Administration may by regulation prescribe. (Regulations for the purposes of this subsection shall be prescribed by the Administration, but only after due nolice and opportunity for hearing to the members of the industry.)"

2. CODE OF FAIR COMPETITION FOR THE DISTILLED SPIRITS RECTIFYING

INDUSTRY

Sections 1 and 2 of Article V provide as follows:

“The following practices constitute unfair methods of competition and shall not be engaged in by any member of tle industry :

SECTION 1. False Advertising.--To publish or disseminate in any manner any false advertisement of any rectitied product. An advertisement shall be deemed to be falsė, if it is untrue in any particu.ar, or if directly or by ambiguity, omiss.vil, or inference it tends to create a misleading impression.

SEC. 2. Misbrandiny --To sell or otherwise introduce into commerce any rectified prod-ucts t..at are misbrandid. Rectified products shall be deemed to be misbranded

*(a) Food and Drugs Requirement8.-If they are misbranded within tue meaning of the Food and Drugs Act.

"(6) standards of Fill.-If their container is so made, formed, or filled as to mislead the purchaser, or its contents fall below the standard of 'fill prescribed by regulations of the Administration.

"(c) Standurds of Identity.-If they purport to be or are represented as products for which a definition of identity has been prescribed by regulations of the Administration and they fail to conform to the definition.

"(d) standards of Quality.-If they purport to be or are represented as products for which standards of quality have been prescribed by regulations of the Administration, and (1) fail to state on the label, if so required by the regulations, their standard of quality in such terms as the regulations specify, or (2) fali below the standard stated on the label.

“(e) Label Requirements.-If in package form and they fail to bear a label conforming to such requirements as the Administration may by regulation prescribe. Regulations for the purpose of this subsection sball be prescribed by the Administration, but only after due notice and opportunity for hearing to the members of the industry.”

3. CODE OF FAIR COMPETITION FOR THE ALCOHOLIC BEVERAGE WHOLESALE

INDUSTRY

Sections 1 and 2 of Article V provide as follows:

“The following practices constitute unfair methods of competition and shall not be engaged in with respect to alcoholic beverages by any member of the industry. Such practices shall not apply to the distribution of the products of the brewing industry.

" SECTION 1. False Advertising.-To publish or disseminate in any manner any false advertisement of any alcoholic beverage. An advertisement shall be deemed to be false if it is untrue in any particular, or if directly or by ambiguity, omission, or inference, it tends to create a misleading impression.

33

« PreviousContinue »