There are many options for packaging craft beverages these days. The use of soft pouches is attractive from a cost perspective and it provides a great branding opportunity. Visually distinctive product packaging is key for prospective customers to find your product on the shelf quickly and easily. Customers will turn to other brands if they can’t locate your product. Two things to know if you use soft pouches for your craft beverages:
- Labeling must not contain any statement, design, device, representation that is likely to mislead a consumer.
- The New York State Liquor Authority opines that soft pouches inherently have the ability to confuse people. These pouches look like “Capri Sun” and other juice beverages typically given to children. To address this, soft pouches must contain the statement: “CONTAINS ALCOHOL—NO SALES UNDER 21”
Source: ABCL 107(a)
Advisory 2014-7 (April 10,2014)
Tracy Jong has been an attorney for more than 20 years, representing restaurants, bars, and craft beverage manufacturers in a wide array of legal matters. She is also a licensed patent attorney.
Her book Everything You Need To Know About Obtaining and Maintaining a New York Retail Liquor License: The Definitive Guide to Navigating the State Liquor Authority will be available next month on Amazon.com as a softcover and Kindle e-book.
Her legal column is available in The Equipped Brewer, a publication giving business advice, trends, and vendor reviews to help craft breweries, cideries, distilleries and wineries build brands and succeed financially.
She also maintains a website and blog with practical information on legal and business issues affecting the industry. Follow her, sign up for her free firm app or monthly newsletter.
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Tracy Jong Law Firm