A brand name is the name under which a malt beverage or line of malt beverages is sold. If the malt beverage is not sold under a brand name, the name of the bottler or importer will be treated as the brand name.
The brand name may not create a misleading impression.
On the label above, the brand name is "Farm to Table Series #1."
Where should the brand name be placed on the product?
The brand name may appear on any label. See 27 CFR 7.63.
What are the formatting requirements for the brand name?
Type size
- Minimum 2 mm for containers larger than 1/2 pint;
- Minimum 1 mm for containers of 1/2 pint or less.
Note: The minimum type size applies to each numeral or letter in the statement, including both upper-case and lower-case letters. See 27 CFR 7.53.
Legibility
- Must be readily legible under ordinary conditions;
- Must appear on a contrasting background; and
- Must appear separate and apart from, or be substantially more conspicuous than, descriptive or explanatory information.
More information on these requirements is available at 27 CFR 7.52–7.53.
When is a brand name misleading?
A brand name is misleading if, whether standing alone or in combination with other printed or graphic material, it creates a misleading or erroneous impression or inference as to the age, origin, identity or other characteristics of the malt beverage. No label may include a misleading brand name. See 27 CFR 7.64.
In some instances, qualifying the brand name with the word “brand” may be appropriate so that the brand name conveys no erroneous impression as to the age, origin, identity, or other characteristics of the product. TTB will make these determinations on a case-by-case basis.
Example:
On the label above, the brand name has been qualified with the word “brand” (i.e. “Dalmation Islands Brand”). “Sandy beaches” is a fanciful name identifying the specific product.
What is the difference between a brand name and a fanciful name?
As stated above, a brand name is the name under which a malt beverage or line of malt beverages is sold. A brand name may appear on any label.
A distinctive or fanciful name is a descriptive name or phrase chosen to identify a product (some industry members also may refer to this as a “sell name”). The distinctive or fanciful name, along with a statement of composition, is mandatory for malt beverages that are not known to the trade under a class designation such as ale, porter, lager, etc. See 27 CFR 7.141 and 7.147. For additional information, see Class and Type Designations.
NOTE: Distinctive or fanciful names may not create a false or misleading impression about the malt beverage.
Page last reviewed: April 21, 2023
Page last updated: April 21, 2023
Maintained by: Alcohol Labeling and Formulation Division