§ 5.61 What constitutes a label for purposes of mandatory information.

(a) Label. Certain information, as outlined in § 5.63, must appear on a label. When used in this part for purposes of determining where mandatory information must appear, the term “label” includes: (1) Material affixed to the container, whether made of paper, plastic, metal, or other matter; (2) For purposes of the net content statement only, information blown, embossed, or molded into the container as part of the process of manufacturing the container; (3) Information etched, engraved, sandblasted, or otherwise carved into the surface of the container; and (4) Information branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container. (b) Information appearing elsewhere on the container. Information appearing on the following parts of the container is subject to all of the restrictions and prohibitions set forth in subparts F, G and H of this part, but will not satisfy any requirements in this part for mandatory information that must appear on labels: (1) Material affixed to, or information appearing on, the bottom surface of the container; (2) Caps, corks or other closures unless authorized to bear mandatory information by the appropriate TTB officer; and (3) Foil or heat shrink bottle capsules. (c) Materials not firmly affixed to the container. Any materials that accompany the container to the consumer but are not firmly affixed to the container, including booklets, leaflets, and hang tags, are not “labels” for purposes of this part. Such materials are instead subject to the advertising regulations in subpart N of this part.