CRESTS AND SEALS RELATING TO THE GOVERNMENT AND ARMED FORCES OF THE UNITED STATES

Proprietors of Distilled Spirits Plants, Bonded Wine Cellars, Tax- paid Wine Bottling Houses, Brewers, Liquor Bottle Manufacturers, Importers, Wholesalers, and others concerned:

Purpose. The purpose of this Industry Circular is to inform you of the Bureau's policy with respect to use of emblems, seals, insignia, decorations, or crests relating to the Government and Armed Forces of the United States in the labeling, marketing and advertising of distilled spirits, wines and malt beverages.

Background. Regulations issued under the Federal Alcohol Administration Act (27 CFR 4.39(h), 4.64(g), 5.42(b)(7), 5.65(g), 7.29(d) and 7.54(g) prohibit the use of statements, designs, devices, or pictorial representations, in the labeling or adver- tising of distilled spirits, wine and malt beverages, which the Director finds relates to the Armed Forces of the United States, or any emblem, seal or insignia associated with such Armed Forces. Also prohibited is the use of any statement, design, device, or pictorial representation of any seal, crest or other insignia which is 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 or organization with whom such seal, crest or insignia is associated. Included in the category of labels and advertising are depictions and illustrations appearing on distinctive liquor bottles.

Bureau Policy. Labels and advertisements for distilled spirits, wine and malt beverage products, and distinctive liquor bottles, will be held to be in violation if the Director finds that they con- tain emblems, seals, crests, insignia, or any statements or designs relating to the United States Government or to the Armed Forces of the United States. In addition, the Bureau will disapprove labels and distinctive liquor bottles (whether intended for limited distri- bution or otherwise) and will demand the withdrawal of advertisements if such labels, bottles, or advertisements contain any statement, design, device, or pictorial representation of any seal or crest which the Director feels is likely to mislead the consumer to

believe that the product has been endorsed, made or used by, or produced for, the Armed Forces or the Government of the United States.

The Bureau's position in this regard has been temporarily relaxed to a certain extent in order to allow the use of bottles, labels and advertisements which relate to the upcoming Bicentennial and events associated with it. The use of seals, mottoes, etc. of colonial times, and depictions of events associated with the Bicentennial celebration, in the labeling and advertising of distilled spirits, wines and malt beverages, will be allowed, pro- vided such use is deemed to be in good taste. Bottles and labels approved under these conditions will be given an expiration date of December 31, 1976, since this date marks the end of the "official" Bicentennial period. In addition, advertisements containing any such depictions must be withdrawn by this date.

Compliance. All previously approved certificates of label approval covering labels bearing any emblem, seal or insignia relating to the United States Government or the Armed Forces of the United States will expire as of July 1, 1976, and should be returned to the Bureau for cancellation. In addition, all previously approved distinctive liquor bottles bearing such emblems, seals, etc. may not be used for bottling distilled spirits after July 1, 1976.

Inquiries. Inquiries concerning this circular should refer to its number and be addressed to the Assistant Director, Regulatory Enforcement, Bureau of Alcohol, Tobacco and Firearms, 1200 Pennsylvania Avenue, N.W., Washington, D. C. 20226.

Rex D. Davis

Director