Use of the Word “Pure” or Its Variants on Labels or in Advertisements of Alcohol Beverage Products; Request for Public Comment, 72731-72733 [05-23680]
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
extending the date for filing reply
comments at the request of the Interstate
Natural Gas Association.
Reply comments are due on or
before December 9, 2005.
DATES:
Reply comments may be
filed electronically via the eFiling link
on the Commission’s Web site at
https://www.ferc.gov. Commenters
unable to file comments electronically
must send an original and 14 copies of
their comments to: Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street, NE.,
Washington, DC 20426. Refer to the
Comment Procedures section of the
preamble for additional information on
how to file comments.
John
R. Kroeger, Office of Market Oversight
and Investigations, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
(202) 502–8177.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Notice of Extension of Time
On November 29, 2005, the Interstate
Natural Gas Association of America
(INGAA) filed a motion for an extension
of time to file reply comments in
response to the Commission’s Notice of
Proposed Rulemaking issued October
20, 2005, in the above-docketed
proceeding. Procedures for Disposition
of Contested Audit Matters, 113 FERC
¶ 61,069 (2005). The motion states that
because of the extensive and substantial
initial comments that were filed in this
proceeding, the intervening
Thanksgiving holiday and the press of
the significant Commission proceedings
in which INGAA is participating,
INGAA requires additional time to
consult with its members and prepare
well-developed and responsive reply
comments.
Upon consideration, notice is hereby
given that an extension of time for filing
reply comments in this proceeding is
granted to and including December 9,
2005, as requested by INGAA.
Magalie R. Salas,
Secretary.
[FR Doc. 05–23728 Filed 12–6–05; 8:45 am]
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Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Parts 4, 5, and 7
ADDRESSES:
BILLING CODE 6717–01–M
DEPARTMENT OF THE TREASURY
[Notice No. 53]
RIN 1513—AB16
Use of the Word ‘‘Pure’’ or Its Variants
on Labels or in Advertisements of
Alcohol Beverage Products; Request
for Public Comment
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau is considering
amending the regulations concerning
the use of the word ‘‘pure’’ on labels or
in advertisements of alcohol beverage
products. We wish to gather information
by inviting comments from the public
and industry as to whether the existing
regulations should be revised.
DATES: We must receive written
comments on or before February 6,
2006.
You may send comments to
any one of the following addresses:
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 53, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm (an online comment form is
posted with this notice on our Web site).
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this advance
notice and any comments we receive on
this notice by appointment at the TTB
Library, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call 202–927–2400. You
may also access copies of the advance
notice and comments online at https://
www.ttb.gov/alcohol/rules/index.htm.
See Section VI of this notice for
specific instructions and requirements
for submitting comments and for
information on how to request a public
hearing.
FOR FURTHER INFORMATION CONTACT: Lisa
M. Gesser, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 128, Morganza,
MD 20660; (301) 290–1460.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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72731
I. Authority to Prescribe Alcohol
Beverage Labeling and Advertising
Regulations
Sections 105(e) and 105(f) of the
Federal Alcohol Administration Act
(FAA Act), codified in the United States
Code at 27 U.S.C. 205(e) and 205(f), set
forth standards for the regulation of the
labeling and advertising of distilled
spirits, wine (at least 7 percent alcohol
by volume), and malt beverages,
generally referred to as ‘‘alcohol
beverage products’’ throughout this
document. These sections give the
Secretary of the Treasury the authority
to issue regulations to prevent deception
of the consumer, to provide the
consumer with ‘‘adequate information’’
as to the identity and quality of the
product, and to prohibit false or
misleading statements on product labels
and in advertisements. Additionally,
these FAA Act provisions give the
Secretary the authority to prohibit,
irrespective of falsity, statements
relating to age, manufacturing processes,
analyses, guarantees, and scientific or
irrelevant matters which are likely to
mislead the consumer. In the case of
malt beverages, the labeling and
advertising provisions of the FAA Act
apply only if the laws of the State into
which the malt beverages are to be
shipped impose similar requirements.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) is responsible for
the administration of the FAA Act and
the regulations promulgated under it.
The labeling and adverting regulations
for wine, distilled spirits, and malt
beverages are codified in title 27 of the
Code of Federal Regulations (CFR), parts
4, 5, and 7, respectively.
II. Current Regulatory Standards
Sections 5.42(b)(5) and 5.65(a)(8) of
the TTB regulations (27 CFR 5.42(b)(5)
and 5.65(a)(8)), hereinafter referred to
collectively as the ‘‘pure regulations,’’
currently state that the word ‘‘pure’’
may not be used on distilled spirits
labels or in advertisements unless:
• It refers to a particular ingredient
used in the production of the distilled
spirits, and is a truthful representation
about the ingredient; or
• It is part of the bona fide name of
a permittee or retailer for whom the
distilled spirits are bottled; or
• It is part of the bona fide name of
the permittee who bottled the distilled
spirits.
TTB considers variants of the word
‘‘pure’’ such as ‘‘purest,’’ ‘‘purity,’’ and
‘‘pureness’’ to fall within the purview of
these regulations. These prohibitions
apply only to distilled spirits. There are
no similar prohibitions on the use of the
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
word ‘‘pure’’ in the labeling or
advertising of wine or malt beverages.
III. Regulatory History Concerning the
Use of ‘‘Pure’’ on Distilled Spirits
Labels and in Advertisements
TTB and its predecessor agencies
have had a regulation in force
concerning the word ‘‘pure’’ since the
1930s. The original regulation was first
published on April 2, 1936 (1 FR 92),
and provided that labels and
advertisements of distilled spirits shall
not contain the word ‘‘pure’’ except as
part of the bona fide name of a permittee
or a retailer for whom the distilled
spirits are bottled. This regulation, as
well as additional regulations governing
the labeling and advertising of distilled
spirits, was codified into 27 CFR part 5.
On April 22, 1936, the Treasury
Department published a notice of
hearing with reference to proposed
amendments to the distilled spirits
regulations. Included among the
proposed amendments were possible
amendments to the regulations
prohibiting the word ‘‘pure’’ on distilled
spirits labels and in advertisements. On
May 15, 1936, the Treasury Department
conducted the hearings. During the
hearings, Treasury’s Assistant General
Counsel, John E. O’Neill, stated that the
‘‘ordinary man’’ regarded the word
‘‘pure’’ as denoting that the product is
wholesome, free from adulterants, free
from harmful ingredients, and not
deleterious to a person’s health. O’Neill
further argued that if a product were
permitted to be called ‘‘pure’’
consumers would regard it as meeting
that definition. Others testified against
the prohibition of the word ‘‘pure’’ with
respect to its use to describe certain
types of whisky. One individual
testified that while he was satisfied with
the regulations prohibiting the word
‘‘pure’’ on labels and in advertisements,
he did not believe that the word ‘‘pure’’
described a healthful commodity.
Rather, he believed the word ‘‘pure’’
would refer to whether the product had
been adulterated with some other
material. Another testified that to the
average person the word ‘‘pure’’ denotes
quality and that those seeking to use it
have the desire to distinguish between
the quality of one product over another.
Upon the conclusion of the hearings
concerning the regulations in part 5, the
prohibition of the word ‘‘pure’’
remained unchanged.
The prohibition of the word ‘‘pure’’
on distilled spirits labels and in
advertisements was raised for
reconsideration on November 21, 1978,
when the Bureau of Alcohol, Tobacco
and Firearms (ATF), TTB’s predecessor
agency, published an advance notice of
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proposed rulemaking, Notice No. 313, in
the Federal Register (43 FR 54266). The
purpose of Notice No. 313 was to obtain
input from industry members and the
general public concerning the
advertising provisions of the FAA Act,
and it suggested specific topics within
27 CFR parts 4, 5, and 7, which ATF
was considering changing. Among these
topics, ATF considered changing the
total prohibition of the use of the term
‘‘pure.’’ Of those that commented
directly on the pure regulations,
fourteen commenters were equally
divided on whether to allow the term
‘‘pure’’ to be used or not. Two other
commenters favored its use on straight
whiskeys only, while one commenter
favored deleting the particular sections
prohibiting its use (§ 5.42(b)(5) and
§ 5.65(a)(8)) and, instead, prohibiting its
use under false or misleading statements
(§ 5.42(a)(1) and § 5.65(a)(1)). Three
commenters stated that alcohol
beverages were not pure, and that the
use of the word ‘‘pure’’ as applied to
alcohol beverages was misleading.
Various regulatory definitions for
‘‘pure’’ suggested by commenters were
viewed by ATF as too broad or vague to
be of any assistance.
On December 19, 1980, ATF
published a notice of proposed
rulemaking, Notice No. 362 (45 FR
83530), proposing to lift the total
restriction against the use of the term
‘‘pure,’’ among other proposals. The
notice stated:
Historically, the Bureau has prohibited the
use of pure when it refers to a distilled spirits
product. However, with current consumer
awareness and understanding, the Bureau
believes that its present restrictive position is
unnecessary when such terms used are
truthful and not misleading. Therefore, the
Bureau is proposing to lift the total
restriction against the use of the term ‘‘pure.’’
For example, the Bureau will allow its use
when referring to the water used in
producing the distilled spirits. However, the
Bureau is particularly interested in
comments on this issue.
Sixteen commenters responded
concerning this issue, with 12
supporting ATF’s proposal. Two
commenters who supported the use of
‘‘pure’’ stated that it should refer to
particular ingredients only, not the
finished distilled spirits product.
On August 8, 1984, ATF issued TD–
180 (49 FR 31667), which, among other
changes, amended the distilled spirits
labeling and advertising regulations to
modify the pure regulation to reflect its
present content. The language in the
preamble to the regulatory amendments
explains the reasoning for the relaxation
of the prohibition of the word ‘‘pure:’’
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ATF believes that when the word ‘‘pure’’
reflects a truthful statement about a
particular ingredient, such as ‘‘pure water,’’
it should be allowed to be stated. However,
the word ‘‘pure’’ may not be used to describe
the finished product, such as ‘‘pure gin.’’
Therefore, ATF is amending the regulations
to allow for such statements and claims on
labels and in advertisements of distilled
spirits. Further, the present use of ‘‘pure’’
when it is part of the bona fide name of a
permittee or retailer for whom the distilled
spirits are bottled is retained. One
commenter suggested that the word ‘‘pure’’
should be allowed to appear in the name of
the permittee who bottles the distilled spirits.
ATF has no objection to this and is amending
the regulation accordingly.
IV. Recent Enforcement Activities and
Challenges to the Pure Regulations
After receiving a complaint
concerning advertisements of distilled
spirits products boasting purity claims,
TTB undertook a project to identify and
contact distilled spirits industry
members that were using the word
‘‘pure’’ or its variants in their
advertising. TTB has found that the use
of pure terminology in advertising (and
in some labeling) appears to be confined
exclusively to clear spirits such as
vodka and gin. Within that sector, TTB
has found that its use is widespread.
TTB has sent letters stating the Bureau’s
policy to over 20 different distilled
spirits industry members regarding their
website advertising of 26 different
distilled spirits products.
As a result of the letters, some
industry members raised questions
about the pure regulations as well as
TTB’s policy that extends the
regulations to include variants of the
word ‘‘pure.’’ The following summarizes
the principal arguments we received:
• The plain language of the regulation
at 27 CFR 5.65(a)(8) prohibits the use of
the word ‘‘pure’’ only, and does not
extend to variations on the word ‘‘pure’’
such as ‘‘purest’’ or ‘‘purity.’’ Other
sections in the distilled spirits
advertising regulations that prohibit
certain words and variations of the
prohibited words do so by using phrases
such as ‘‘synonymous terms’’ or
‘‘similar terms.’’ The lack of such terms
in the pure regulation evidences the
intent to limit the regulation to the word
‘‘pure’’ only.
• Certain vodkas are pure in the
general sense of the term and therefore
the statements are not misleading and
are protected by the First Amendment to
the U.S. Constitution.
• Even though distilled spirits
contain some impurities, other
commodities, such as beer and wine,
also contain impurities and TTB
regulations do not prohibit use of the
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
term ‘‘pure’’ as it relates to those
commodities.
V. Request for Comments
TTB is considering whether to amend
the regulations concerning the use of the
word ‘‘pure’’ or its variants in the
labeling and advertising of alcohol
beverage products. To assist TTB in
identifying and implementing the best
course of action, we wish to gather
information by inviting comments from
the public and industry as to how, if at
all, the existing regulations should be
amended. In addition to general
comments on the issue, we are seeking
comments on the following specific
questions.
A. What does the general public
consider the word ‘‘pure’’ to mean when
used on labels and in advertisements of
alcohol beverage products? Does its use
convey information to the consumer
about the identity and quality of the
product? Does its use convey
information about the alcohol content of
a product?
B. TTB considers variants of the word
‘‘pure’’ such as ‘‘pureness,’’ ‘‘purest,’’
and ‘‘purity’’ to fall within the purview
of the pure regulations. Are these
variants misleading and, if so, should
TTB amend the regulations to prohibit
their use? Should TTB limit the scope
of the pure regulations to the word
‘‘pure’’ only?
C. Would the use of terms or claims
such as ‘‘pure vodka,’’ ‘‘pure whisky,’’
‘‘vodka with exceptional purity’’ on
distilled spirits labels and in
advertisements mislead consumers?
Would the use of similar terms or claims
on wine and malt beverage products
mislead consumers?
D. Should TTB amend the pure
regulations to allow the use of the word
‘‘pure’’ and its variants on distilled
spirits labels and in advertisements if
the statements are truthful? How can
TTB substantiate the truthfulness of
such claims? How should pure be
defined?
E. Should TTB permit the use of the
word ‘‘pure’’ or its variants on distilled
spirits product labels and in
advertisements if those products meet a
certain standard? If so, what should that
standard be?
F. What would be the impact of
allowing the use of these terms?
G. Should TTB prohibit the use of the
word ‘‘pure’’ and its variants on labels
and in advertisements for malt
beverages and wine products? Why or
why not?
VI. Submitting Comments
Please submit your comments by the
closing date shown above in this notice.
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13:00 Dec 06, 2005
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Your comments must include this
notice number and your name and
mailing address. Your comments must
be legible and written in language
acceptable for public disclosure. We do
not acknowledge receipt of comments,
and we consider all comments as
originals. You may submit comments in
one of five ways:
• Mail: You may send written
comments to TTB at the address listed
in the ADDRESSES section.
• Facsimile: You may submit
comments by facsimile transmission to
202–927–8525. Faxed comments must—
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written
signature; and
(3) Be no more than five pages long.
This limitation assures electronic access
to our equipment. We will not accept
faxed comments that exceed five pages.
• E-mail: You may e-mail comments
to nprm@ttb.gov. Comments transmitted
by electronic mail must—
(1) Contain your e-mail address;
(2) Reference this notice number on
the subject line; and
(3) Be legible when printed on 8.5 by
11-inch paper.
• Online form: We provide a
comment form with the online copy of
this notice on our Web site at https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘Send comments via e-mail’’
link under this notice number.
• Federal e-Rulemaking Portal: To
submit comments to us via the Federal
e-rulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine, in light of all circumstances,
whether to hold a public hearing.
Confidentiality
All submitted material is part of the
public record and subject to disclosure.
Do not enclose any material in your
comments that you consider
confidential or inappropriate for public
disclosure.
Public Disclosure
You may view copies of this advance
notice, the petitions, and any comments
we receive by appointment at the TTB
Library at 1310 G Street, NW.,
Washington, DC 20220. You may also
obtain copies at 20 cents per 8.5 by 11inch page. Contact our librarian at the
above address or telephone 202–927–
2400 to schedule an appointment or to
request copies of comments.
For your convenience, we will post
this advance notice and any comments
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72733
we receive on this proposal on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Library. To access the online
copy of this notice, visit https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘View Comments’’ link under
this notice number to view the posted
comments.
VII. Drafting Information
Lisa M. Gesser and Joanne C. Brady of
the Regulations and Procedures Division
drafted this advance notice.
Signed: September 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–23680 Filed 12–6–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 54]
RIN 1513–AA89
Proposed Establishment of Tracy Hills
Viticultural Area (2003R–508P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the 39,200-acre Tracy Hills viticultural
area in San Joaquin and Stanislaus
Counties, California, approximately 55
miles east-southeast of San Francisco.
We designate viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. We invite comments on this
proposed addition to our regulations.
DATES: We must receive written
comments on or before February 6,
2006.
You may send comments to
any of the following addresses:
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 54, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
ADDRESSES:
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]]>Agencies
[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Pages 72731-72733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23680]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 4, 5, and 7
[Notice No. 53]
RIN 1513--AB16
Use of the Word ``Pure'' or Its Variants on Labels or in
Advertisements of Alcohol Beverage Products; Request for Public Comment
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is considering
amending the regulations concerning the use of the word ``pure'' on
labels or in advertisements of alcohol beverage products. We wish to
gather information by inviting comments from the public and industry as
to whether the existing regulations should be revised.
DATES: We must receive written comments on or before February 6, 2006.
ADDRESSES: You may send comments to any one of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 53, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
https://www.ttb.gov/alcohol/rules/index.htm (an online
comment form is posted with this notice on our Web site).
https://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this advance notice and any comments we
receive on this notice by appointment at the TTB Library, 1310 G
Street, NW., Washington, DC 20220. To make an appointment, call 202-
927-2400. You may also access copies of the advance notice and comments
online at https://www.ttb.gov/alcohol/rules/index.htm.
See Section VI of this notice for specific instructions and
requirements for submitting comments and for information on how to
request a public hearing.
FOR FURTHER INFORMATION CONTACT: Lisa M. Gesser, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box
128, Morganza, MD 20660; (301) 290-1460.
SUPPLEMENTARY INFORMATION:
I. Authority to Prescribe Alcohol Beverage Labeling and Advertising
Regulations
Sections 105(e) and 105(f) of the Federal Alcohol Administration
Act (FAA Act), codified in the United States Code at 27 U.S.C. 205(e)
and 205(f), set forth standards for the regulation of the labeling and
advertising of distilled spirits, wine (at least 7 percent alcohol by
volume), and malt beverages, generally referred to as ``alcohol
beverage products'' throughout this document. These sections give the
Secretary of the Treasury the authority to issue regulations to prevent
deception of the consumer, to provide the consumer with ``adequate
information'' as to the identity and quality of the product, and to
prohibit false or misleading statements on product labels and in
advertisements. Additionally, these FAA Act provisions give the
Secretary the authority to prohibit, irrespective of falsity,
statements relating to age, manufacturing processes, analyses,
guarantees, and scientific or irrelevant matters which are likely to
mislead the consumer. In the case of malt beverages, the labeling and
advertising provisions of the FAA Act apply only if the laws of the
State into which the malt beverages are to be shipped impose similar
requirements. The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the administration of the FAA Act and the regulations
promulgated under it. The labeling and adverting regulations for wine,
distilled spirits, and malt beverages are codified in title 27 of the
Code of Federal Regulations (CFR), parts 4, 5, and 7, respectively.
II. Current Regulatory Standards
Sections 5.42(b)(5) and 5.65(a)(8) of the TTB regulations (27 CFR
5.42(b)(5) and 5.65(a)(8)), hereinafter referred to collectively as the
``pure regulations,'' currently state that the word ``pure'' may not be
used on distilled spirits labels or in advertisements unless:
It refers to a particular ingredient used in the
production of the distilled spirits, and is a truthful representation
about the ingredient; or
It is part of the bona fide name of a permittee or
retailer for whom the distilled spirits are bottled; or
It is part of the bona fide name of the permittee who
bottled the distilled spirits.
TTB considers variants of the word ``pure'' such as ``purest,''
``purity,'' and ``pureness'' to fall within the purview of these
regulations. These prohibitions apply only to distilled spirits. There
are no similar prohibitions on the use of the
[[Page 72732]]
word ``pure'' in the labeling or advertising of wine or malt beverages.
III. Regulatory History Concerning the Use of ``Pure'' on Distilled
Spirits Labels and in Advertisements
TTB and its predecessor agencies have had a regulation in force
concerning the word ``pure'' since the 1930s. The original regulation
was first published on April 2, 1936 (1 FR 92), and provided that
labels and advertisements of distilled spirits shall not contain the
word ``pure'' except as part of the bona fide name of a permittee or a
retailer for whom the distilled spirits are bottled. This regulation,
as well as additional regulations governing the labeling and
advertising of distilled spirits, was codified into 27 CFR part 5.
On April 22, 1936, the Treasury Department published a notice of
hearing with reference to proposed amendments to the distilled spirits
regulations. Included among the proposed amendments were possible
amendments to the regulations prohibiting the word ``pure'' on
distilled spirits labels and in advertisements. On May 15, 1936, the
Treasury Department conducted the hearings. During the hearings,
Treasury's Assistant General Counsel, John E. O'Neill, stated that the
``ordinary man'' regarded the word ``pure'' as denoting that the
product is wholesome, free from adulterants, free from harmful
ingredients, and not deleterious to a person's health. O'Neill further
argued that if a product were permitted to be called ``pure'' consumers
would regard it as meeting that definition. Others testified against
the prohibition of the word ``pure'' with respect to its use to
describe certain types of whisky. One individual testified that while
he was satisfied with the regulations prohibiting the word ``pure'' on
labels and in advertisements, he did not believe that the word ``pure''
described a healthful commodity. Rather, he believed the word ``pure''
would refer to whether the product had been adulterated with some other
material. Another testified that to the average person the word
``pure'' denotes quality and that those seeking to use it have the
desire to distinguish between the quality of one product over another.
Upon the conclusion of the hearings concerning the regulations in part
5, the prohibition of the word ``pure'' remained unchanged.
The prohibition of the word ``pure'' on distilled spirits labels
and in advertisements was raised for reconsideration on November 21,
1978, when the Bureau of Alcohol, Tobacco and Firearms (ATF), TTB's
predecessor agency, published an advance notice of proposed rulemaking,
Notice No. 313, in the Federal Register (43 FR 54266). The purpose of
Notice No. 313 was to obtain input from industry members and the
general public concerning the advertising provisions of the FAA Act,
and it suggested specific topics within 27 CFR parts 4, 5, and 7, which
ATF was considering changing. Among these topics, ATF considered
changing the total prohibition of the use of the term ``pure.'' Of
those that commented directly on the pure regulations, fourteen
commenters were equally divided on whether to allow the term ``pure''
to be used or not. Two other commenters favored its use on straight
whiskeys only, while one commenter favored deleting the particular
sections prohibiting its use (Sec. 5.42(b)(5) and Sec. 5.65(a)(8))
and, instead, prohibiting its use under false or misleading statements
(Sec. 5.42(a)(1) and Sec. 5.65(a)(1)). Three commenters stated that
alcohol beverages were not pure, and that the use of the word ``pure''
as applied to alcohol beverages was misleading. Various regulatory
definitions for ``pure'' suggested by commenters were viewed by ATF as
too broad or vague to be of any assistance.
On December 19, 1980, ATF published a notice of proposed
rulemaking, Notice No. 362 (45 FR 83530), proposing to lift the total
restriction against the use of the term ``pure,'' among other
proposals. The notice stated:
Historically, the Bureau has prohibited the use of pure when it
refers to a distilled spirits product. However, with current
consumer awareness and understanding, the Bureau believes that its
present restrictive position is unnecessary when such terms used are
truthful and not misleading. Therefore, the Bureau is proposing to
lift the total restriction against the use of the term ``pure.'' For
example, the Bureau will allow its use when referring to the water
used in producing the distilled spirits. However, the Bureau is
particularly interested in comments on this issue.
Sixteen commenters responded concerning this issue, with 12
supporting ATF's proposal. Two commenters who supported the use of
``pure'' stated that it should refer to particular ingredients only,
not the finished distilled spirits product.
On August 8, 1984, ATF issued TD-180 (49 FR 31667), which, among
other changes, amended the distilled spirits labeling and advertising
regulations to modify the pure regulation to reflect its present
content. The language in the preamble to the regulatory amendments
explains the reasoning for the relaxation of the prohibition of the
word ``pure:''
ATF believes that when the word ``pure'' reflects a truthful
statement about a particular ingredient, such as ``pure water,'' it
should be allowed to be stated. However, the word ``pure'' may not
be used to describe the finished product, such as ``pure gin.''
Therefore, ATF is amending the regulations to allow for such
statements and claims on labels and in advertisements of distilled
spirits. Further, the present use of ``pure'' when it is part of the
bona fide name of a permittee or retailer for whom the distilled
spirits are bottled is retained. One commenter suggested that the
word ``pure'' should be allowed to appear in the name of the
permittee who bottles the distilled spirits. ATF has no objection to
this and is amending the regulation accordingly.
IV. Recent Enforcement Activities and Challenges to the Pure
Regulations
After receiving a complaint concerning advertisements of distilled
spirits products boasting purity claims, TTB undertook a project to
identify and contact distilled spirits industry members that were using
the word ``pure'' or its variants in their advertising. TTB has found
that the use of pure terminology in advertising (and in some labeling)
appears to be confined exclusively to clear spirits such as vodka and
gin. Within that sector, TTB has found that its use is widespread. TTB
has sent letters stating the Bureau's policy to over 20 different
distilled spirits industry members regarding their website advertising
of 26 different distilled spirits products.
As a result of the letters, some industry members raised questions
about the pure regulations as well as TTB's policy that extends the
regulations to include variants of the word ``pure.'' The following
summarizes the principal arguments we received:
The plain language of the regulation at 27 CFR 5.65(a)(8)
prohibits the use of the word ``pure'' only, and does not extend to
variations on the word ``pure'' such as ``purest'' or ``purity.'' Other
sections in the distilled spirits advertising regulations that prohibit
certain words and variations of the prohibited words do so by using
phrases such as ``synonymous terms'' or ``similar terms.'' The lack of
such terms in the pure regulation evidences the intent to limit the
regulation to the word ``pure'' only.
Certain vodkas are pure in the general sense of the term
and therefore the statements are not misleading and are protected by
the First Amendment to the U.S. Constitution.
Even though distilled spirits contain some impurities,
other commodities, such as beer and wine, also contain impurities and
TTB regulations do not prohibit use of the
[[Page 72733]]
term ``pure'' as it relates to those commodities.
V. Request for Comments
TTB is considering whether to amend the regulations concerning the
use of the word ``pure'' or its variants in the labeling and
advertising of alcohol beverage products. To assist TTB in identifying
and implementing the best course of action, we wish to gather
information by inviting comments from the public and industry as to
how, if at all, the existing regulations should be amended. In addition
to general comments on the issue, we are seeking comments on the
following specific questions.
A. What does the general public consider the word ``pure'' to mean
when used on labels and in advertisements of alcohol beverage products?
Does its use convey information to the consumer about the identity and
quality of the product? Does its use convey information about the
alcohol content of a product?
B. TTB considers variants of the word ``pure'' such as
``pureness,'' ``purest,'' and ``purity'' to fall within the purview of
the pure regulations. Are these variants misleading and, if so, should
TTB amend the regulations to prohibit their use? Should TTB limit the
scope of the pure regulations to the word ``pure'' only?
C. Would the use of terms or claims such as ``pure vodka,'' ``pure
whisky,'' ``vodka with exceptional purity'' on distilled spirits labels
and in advertisements mislead consumers? Would the use of similar terms
or claims on wine and malt beverage products mislead consumers?
D. Should TTB amend the pure regulations to allow the use of the
word ``pure'' and its variants on distilled spirits labels and in
advertisements if the statements are truthful? How can TTB substantiate
the truthfulness of such claims? How should pure be defined?
E. Should TTB permit the use of the word ``pure'' or its variants
on distilled spirits product labels and in advertisements if those
products meet a certain standard? If so, what should that standard be?
F. What would be the impact of allowing the use of these terms?
G. Should TTB prohibit the use of the word ``pure'' and its
variants on labels and in advertisements for malt beverages and wine
products? Why or why not?
VI. Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5 by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at https://www.ttb.gov/alcohol/
rules/index.htm. Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-Rulemaking Portal: To submit comments to us via
the Federal e-rulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether to hold a public
hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this advance notice, the petitions, and any
comments we receive by appointment at the TTB Library at 1310 G Street,
NW., Washington, DC 20220. You may also obtain copies at 20 cents per
8.5 by 11-inch page. Contact our librarian at the above address or
telephone 202-927-2400 to schedule an appointment or to request copies
of comments.
For your convenience, we will post this advance notice and any
comments we receive on this proposal on the TTB Web site. We may omit
voluminous attachments or material that we consider unsuitable for
posting. In all cases, the full comment will be available in the TTB
Library. To access the online copy of this notice, visit https://
www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link
under this notice number to view the posted comments.
VII. Drafting Information
Lisa M. Gesser and Joanne C. Brady of the Regulations and
Procedures Division drafted this advance notice.
Signed: September 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-23680 Filed 12-6-05; 8:45 am]
BILLING CODE 4810-31-P
