Certificate of Label Approval (COLA)
What Is a Certificate of Label Approval (COLA)?
A Certificate of Label Approval (COLA) is an authorization issued by the TTB, a division of the U.S. Department of the Treasury. It certifies that an alcoholic beverage label complies with federal regulations before the product is introduced into the market. The COLA process applies to wine (over 7% alcohol by volume), distilled spirits, and malt beverages that are subject to federal regulation.
The main purpose of a COLA is to protect consumers by ensuring product transparency, preventing misleading information, and enforcing health and safety standards. This requirement helps standardize product labeling across the industry and ensures that manufacturers, distributors, and retailers operate in compliance with the law.
Why Do You Need a COLA?
Obtaining a COLA is a legal requirement for businesses that manufacture, bottle, import, or distribute alcoholic beverages in the U.S. Failing to secure COLA approval can result in severe consequences, including fines, recalls, and even the inability to sell your product. Here’s why you need a COLA:
Legal Compliance
Federal law mandates that alcoholic beverage labels must be reviewed and approved by the TTB before distribution. Selling products without a valid COLA can result in enforcement actions, including penalties or revocation of permits.
Consumer Protection
COLA ensures that alcoholic beverages are properly labeled with accurate information regarding alcohol content, health warnings, ingredients, and product classification. This prevents deceptive marketing practices and enhances transparency for consumers.
Marketing and Branding Compliance
The label is an essential aspect of branding. However, misleading or incorrect claims on a label can result in legal disputes or regulatory penalties. The COLA process ensures that labels comply with advertising restrictions and do not mislead consumers.
Interstate and Import Regulations
If you intend to sell alcoholic beverages across state lines or import them into the U.S., a COLA is necessary. Without one, you may face distribution restrictions and legal complications.
The Process of Obtaining a COLA.
Getting a COLA requires submitting an application to the TTB and awaiting approval. While the process may seem straightforward, errors can result in delays or rejections. Below is a step-by-step guide on how to obtain a COLA:
Step 1: Determine If You Need a Certificate of Label Approval (COLA)
Not all alcoholic beverages require a COLA. Generally, wine (over 7% ABV), distilled spirits, and malt beverages need label approval. Some state regulations may also apply to products under 7% ABV.
Step 2: Prepare Your Label
Your label must include:
- Brand Name
- Class and Type of Alcoholic Beverage (e.g., vodka, whiskey, beer, wine)
- Alcohol Content
- Bottler’s or Importer’s Name and Address
- Health Warning Statement
- Net Contents
- Government Compliance Statements
Step 3: Submit an Application via COLAs Online
The TTB provides an online portal called COLAs Online where businesses can submit their applications. To apply, you must:
- Create a TTB account
- Upload your label design
- Enter product details
- Provide any additional required information
Step 4: TTB Review Process
Once submitted, the TTB examines your label to ensure compliance with federal laws. This process typically takes 5 to 15 business days, but errors can cause delays.
Step 5: Approval or Rejection
If your label meets all requirements, the TTB will issue a COLA approval. If there are issues, they will either reject the application or request modifications. Common reasons for rejection include missing mandatory information, misleading claims, or incorrect product classification.
Step 6: Making Corrections and Resubmitting
If your application is denied, you can correct errors and resubmit. This may extend your timeline, delaying product launch and distribution.
Why You Should Hire a Lawyer to Handle Your Certificate of Label Approval Application.
While it is possible to apply for a COLA independently, legal complexities and regulatory compliance requirements make hiring a lawyer a wise decision. Below are the top reasons why you should consider legal assistance:
Ensuring Compliance and Avoiding Rejections
Lawyers specializing in alcohol regulations understand the intricacies of federal and state laws. They can help ensure that your label meets all legal requirements, reducing the risk of rejection and delays.
Navigating Complex Regulatory Requirements
Alcohol laws in the U.S. are complex, with different regulations for each category of beverage. A lawyer can determine which rules apply to your product, ensuring compliance with the TTB’s guidelines.
Handling Label Disputes and Trademark Issues
If another company challenges your label design or branding, a lawyer can defend your intellectual property and ensure that your product remains compliant with marketing laws.
Expedited Approval Process
Legal experts know how to streamline the application process, ensuring that all required documentation is correctly submitted the first time. This prevents unnecessary delays and accelerates approval.
Addressing Label Modifications and Rejections
If your application is rejected, a lawyer can help you understand the reasons, make necessary corrections, and resubmit the application efficiently.
Compliance with State and International Laws
If you plan to sell alcoholic beverages across multiple states or import products, state and international regulations may add extra layers of complexity. A lawyer can guide you through these additional requirements.
Get Expert Help with Your Certificate of Label Approval.
A Certificate of Label Approval (COLA) is essential for any business involved in the production, distribution, or importation of alcoholic beverages in the U.S. It ensures compliance with federal regulations, protects consumers, and supports legal marketing and branding efforts.
The COLA application process, while straightforward in theory, involves strict compliance requirements that can lead to rejections or delays if not handled properly. Hiring a lawyer with expertise in alcohol regulations can streamline the process, prevent costly mistakes, and ensure your product is market-ready without unnecessary setbacks.
If you are navigating the complexities of alcohol label approval, seeking professional legal assistance can save you time, money, and headaches while ensuring your business remains compliant with all regulatory requirements.
By investing in legal expertise, you can focus on growing your brand while avoiding the pitfalls of regulatory non-compliance.
Contact Clear Beverage Licensing today for a free consultation.
Certificate of Label Approval / COLA FAQ
A COLA is a certification issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB) that approves labels for alcoholic beverages before they can be sold in the U.S. market. It ensures that labels comply with federal regulations, including accuracy in product descriptions, health warnings, and branding elements.
Any business that manufactures or imports alcoholic beverages (beer, wine, or distilled spirits) and intends to sell them in the U.S. must obtain a COLA before the product can be legally marketed or distributed.
Applicants must submit a label approval request through the TTB’s online system, the COLAs Online portal. The application includes uploading the proposed label and providing product details, such as alcohol content and brand name.
Processing times vary but typically take between 5 to 15 business days, depending on the current workload of the TTB and whether the application is complete and compliant with regulations. Delays may occur if corrections or additional information are required.
If an application is denied, the TTB will provide reasons for rejection, such as non-compliance with labeling regulations or misleading information. Applicants can modify the label and resubmit for approval. If clarification is needed, businesses may contact the TTB for guidance on making necessary corrections.