parent to the persons viewing the advertisement.

[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984]

§ 4.64 Prohibited practices.

(a) Restrictions. The advertisement of wine shall not contain:

(1) Any statement that is false or untrue in any material 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.

(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 Director finds to be likely to mislead the consumer.

(5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the Director finds to be likely to mislead the consumer. Money-back guarantees are not prohibited.

(6) Any statement that the wine is produced, blended, bottled, packed, or sold under, or in accordance with, any municipal, State, or Federal Government authorization, law, or regulations; and if a municipal, State, or Federal permit number is stated, the permit number shall not be accompanied by any additional statement relating thereto.

(7) Any statement of bonded winecellar and bonded winery numbers unless stated in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winecellar and bonded winery numbers may be made in the following form: "Bonded Winecellar No. --," "Bonded Winery No. "B. W. C. No. "B. W. No. No additional reference thereto shall be made, nor shall any use be made of such statement that may convey the impression that the wine has been made or matured under Government supervision or in accordance with Government specifications or standards.

(iii) Has intoxicating qualities. However, if a statement of composition is required to appear as the designation of a product not defined in these regulations, such statement of composition may include a reference to the type of distilled spirits contained therein. Further, an approved wine label, which bears the statement of alcohol content may be depicted in any advertising media, or an actual wine bottle showing the approved label bearing the statement of alcoholic content may be displayed in any advertising media.

(9) Any word in the brand name or class and type designation which is the name of a distilled spirits product or which simulates, imitates, or creates the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base.

(b) Statements inconsistent with labeling. (1) Advertisements shall not contain any statement concerning a brand or lot of wine that is inconsistent with any statement on the labeling thereof.

(2) Any label depicted on a bottle in an advertisement shall be a reproduction of an approved label.

(c) Statement of age. No statement of age or representation relative to age (including words or devices in any brand name or mark) shall be made, except (1) for vintage wine, in accordance with the provisions of § 4.27; (2) references in accordance with § 4.38(f); or (3) use of the word "old" as part of a brand name.

(d) Statement of bottling dates. The statement of any bottling date shall not be deemed to be a representation relative to age, if such statement appears without undue emphasis in the following form: "Bottled in --" (inserting the year in which the wine was bottled).

(e) Statement of miscellaneous dates. No date, except as provided in para

graphs (c) and (d) of this section, with respect to statement of vintage year and bottling date, shall be stated unless, in addition thereto, and in direct conjunction therewith, in the same size and kind of printing there shall be stated an explanation of the significance of such date: Provided, That if any date refers to the date of establishment of any business, such date shall be stated without undue emphasis and in direct conjunction with the name of the person to whom it refers.

(f) Flags, seals, coats of arms, crests, and other insignia. No advertisement shall contain any statement, design, device, or pictorial representation of or relating to, or capable of being construed as relating to, the armed forces of the United States, or of the American flag, or of any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia 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 flag, seal, coat of arms, crests, or insignia is associated.

(g) Statements indicative of origin. No statement, design, device, or representation which tends to create the impression that the wine originated in a particular place or region, shall appear in any advertisement unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement in direct conjunction with the class and type designation.

(h) Use of the word "importer" or similar words. The word "importer" or similar words shall not appear in advertisements of domestic wine except as part of the bona fide name of the permittee by or for whom, or of a retailer for whom, such wine is bottled, packed or distributed: Provided, That in all cases where such words are used as part of such name, there shall be

stated the words "Prod United States" or simila negate any impression tha uct is imported, and suc statements shall appear i size and kind of printing as

(i) Curative and thereape Advertisements shall not c statement, design, represen torial representation, or de senting that the use of win tive or therapeutic effect statement is untrue in any or tends to create a misleadi sion.

(j) Confusion of brands more different brands or lo shall not be advertised in d tisement (or in two or more ments in one issue of a per newspaper, or in one piece written, printed, or graphic 1 the advertisement tends to c impression that representati as to one brand or lot app other or others, and if as latter the representations co any provision of §§ 4.60 thr or are in any respect untrue.

(k) Deceptive advertising te Subliminal or similar techn prohibited. "Subliminal or techniques," as used in t refers to any device or techn is used to convey, or atte convey, a message to a p means of images or sounds brief nature that cannot be at a normal level of awareness [T.D. 6521, 25 FR 13843, Dec. 2 amended by T.D. 6976, 33 FR 150 1968; T.D. ATF-53, 43 FR 37678 1978; T.D. ATF-180, 49 FR 3167 1984]

§ 4.65 Comparative advertising.

(a) General. Comparative ing shall not be disparaging petitor's product.

(b) Taste tests. (1) Taste te may be used in advertiseme paring competitors' product they are disparaging, dece likely to mislead the consume

(2) The taste test proced shall meet scientifically acce cedures. An example of a scie accepted procedure is outline

Manual on Sensory Testing Methods, ASTM Special Technical Publication 434, published by the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, ASTM, 1968, Library of Congress Catalog Card Number 6815545.

(3) A statement shall appear in the advertisement providing the name and address of the testing administrator. [T.D. ATF-180, 49 FR 31673, Aug. 8, 1984]

Subpart H-Standards of Fill for Wine

§ 4.70 Application.

(a) Except as provided in paragraph (b) of this section, no person engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, 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 wine unless such wine is bottled or packed in the standard wine containers herein prescribed.

(b) Sections 4.70 through 4.73 do not apply to:

(1) Sake;

(2) Wine packed in containers of 18 liters or more;

(3) Imported wine in the original containers in which entered customs custody if the wine was bottled or packed before January 1, 1979; or

(4) Wine domestically bottled or packed, either in or out of customs custody, before October 24, 1943, if the container, or the label on the container, bears a conspicuous statement of the net contents, and if the actual capacity of the container is not substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or

use.

(c) Section 4.73 does not apply to wine domestically bottled or packed, either in or out of customs custody, before January 1, 1979, if the wine was bottled or packed according to the standards of fill prescribed by § 4.72.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May

9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981]

§ 4.71

Standard wine containers.

(a) A standard wine container shall be made, formed and filled to meet the following specifications:

(1) Design. It shall be so made and formed as not to mislead the purchaser. Wine containers 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 actual capacity is substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or use; and

(2) Fill. It shall be so filled as to contain the quantity of wine specified in one of the standards of fill prescribed in § 4.72 or § 4.73; and

(3) Headspace. It shall be made and filled as to have a headspace not in excess of 6 percent of its total capacity after closure if the net content of the container is 187 milliliters or more, and a headspace not in excess of 10 percent of such capacity in the case of all other containers.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974] § 4.72

Standards of fill.

(b) Sizes larger than 3 liters. Wine may be bottled or packed in containers of 4 liters or larger if the containers are filled and labeled in quantities of even liters (4 liters, 5 liters, 6 liters, etc.).

(c) Tolerances. The tolerances in fill are the same as are allowed by § 4.37 in respect to statement of net contents on labels.

[T.D. ATF-12, 39 FR 45223, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981]

Subpart I-General Provisions

§ 4.80 Exports.

The regulations in this part shall not apply to wine exported in bond.

PART 5-LABELING AND ADVERTISING OF DISTILLED SPIRITS

Subpart A-Scope

Sec.

5.1 General.

5.2 Related regulations.

5.3 Forms prescribed.

Subpart B-Definitions

5.11 Meaning of terms.

Subpart C-Standards of Identity for Distilled

Spirits

5.21 Application of standards. 5.22 The standards of identity.

5.23 Alteration of class and type.

Subpart Ca-Formulas

5.25 Application.

5.26 Formula requirements.

5.27 Formulas.

5.28 Adoption of predecessor's formulas.

Sec.

Subpart D—Labeling Requiremer Spirits

5.31 General.

tilled spirits. This part applies to the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, but does not apply to distilled spirits for export.

§ 5.2 Related regulations.

Regulations relating to this part are listed below:

27 CFR Part 1-Basic Permit Requirements under the Federal Alcohol Administration Act.

27 CFR Part 2-Nonindustrial Use of Distilled Spirits and Wine.

27 CFR Part 3-Bulk Sales and Bottling of Distilled Spirits.

27 CFR Part 4-Labeling and Advertising of Wine.

27 CFR Part 7-Labeling and Advertising of Malt Beverages.

27 CFR Part 19-Distilled Spirits Plants. 27 CFR Part 200-Rules of Practice in Permit Proceedings.

27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands. 27 CFR Part 251-Importation of Distilled Spirits, Wines and Beer.

27 CFR Part 252-Exportation of Liquors. (26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 49 Stat. 981, as amended) [T.D. 720, 34 FR 20637, Dec. 30, 1969, as amended by T.D. ATF-62, 44 FR 71620, Dec. 11, 1979; T.D. ATF-114, 47 FR 43947, Oct. 5, 1982]

§ 5.3 Forms prescribed.

(a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information I called for in each form shall be furnished as required by this part.

(b) "Public Use Forms" (ATF Publication 1322.1) is a numerical listing of forms issued or used by the Bureau of Alcohol, Tobacco and Firearms. This publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(c) Requests for forms should be mailed to the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153.

[T.D. ATF-92, 46 FR 46912, Sept. 23, 1981, as amended by T.D. ATF-249, 52 FR 5956, Feb. 27, 1987)

Subpart B-Definitions

§ 5.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meaning ascribed in this section. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the same meaning assigned to it by such Act.

Act. The Federal Alcohol Administration Act.

Advertisement. See § 5.62 for meaning of term as used in Subpart H of this part.

Age. The period during which, after distillation and before bottling, distilled spirits have been stored in oak containers. "Age" for bourbon whisky, rye whisky, wheat whisky, malt whisky, or rye malt whisky, and straight whiskies other than straight corn whisky, means the period the whisky has been stored in charred new oak containers.

Area supervisor. The supervisory officer of the Bureau of Alcohol, Tobacco and Firearms area office.

Bottle. Any container, irrespective of the material from which made, used for the sale of distilled spirits at retail.

Brand label. The principal display panel that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale, and any other label appearing on the same side of the bottle as the principal display panel. The principal display panel appearing on a cylindrical surface is that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, D.C.

Distilled spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine,