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FEDERAL

REGISTER
934

VOLUME 3

NUMBER 45

W ashington, Saturday, M a rch 5, 1938
TREASURY DEPARTMENT.
Federal Alcohol Administration Division.
C lass
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D e s ig n a t io n s
of
C o rd ials
or
L iq u e u r s
M arch 3, 1938.

To All Bottlers of Distilled Spirits: , The attention of all bottlers of distilled spirits is called to the following interpretations of the regulations with respect to class and type designations of cordials or liqueurs, and to the use upon any distilled spirits labels of references to the absence of artificial coloring or flavoring material:
1. Appropriate type designations for cordials or liqueurs.
The industry has heretofore been advised, in connection with the labeling of cordials or liqueurs, that no type designation may be utilized where such designation, in conjunction with the class designation, would tend to confuse the consumer as to the true identity of the product. For example the Administration has refused to authorize any cordials or liqueurs, regardless of composition, to be marketed under such designations as Whiskey Liqueur, Brandy Cordial, Rum Liqueur or Gin Cordial.
The Administration recognizes, however, that a liqueur may properly bear, as a part of its designation, the name of another distilled spirit where such use would not tend to confuse the consumer as to the true identity of the prod uct. No objection has, therefore, been interposed to the use of such designations as Rock and Rum Liqueur, Rock and Rum Cordial, Rock and Rum, Rock and Gin Liqueur, Rock and Rye Liqueur, Rock and Rye Cordial and Rock and Rye.
Of course, no product may bear the designations cordial or liqueur unless it conforms to the standards of identity for such products as prescribed in Section 21, Class 6 of Regulations No. 5.1
2. Composition of Rock and Rye and similar products.
It has recently been called to the Administrations attention that products manufactured from neutral spirits or brandy, and containing, little or no rye whiskey, are being marketed under labels designating the product as Rock and Rye, Rock and Rye Liqueur, or Rock and Rye Cordial. A
similar situation appears to exist in some cases with respect to products designated as Rock and Rum, Rock and Rum Cordial and Rock and Rum Liqueur. This practice should be immediately discontinued.
The Administration feels that these designations convey to the consumers mind a definite impression with respect to the ingredients used in the manufacture of the product. The designations Rock and Rye, Rock and Rye liqueur, and Rock and Rye Cordial all denote products manufactured from rock candy, or rock candy syrup, and having a pre dominate rye flavor derived from rye whiskey. likewise the designations Rock and Rum, Rock and Rum Liqueur, 11F. R. 94.

and Rock and Rum Cordial denote products manufactured from rock candy, or rock candy syrup, and having a pre dominant rum flavor derived from rum. Manufacturers of cordials and liqueurs are, therefore, advised that under the regulations of the Administration no product which contains any distilled spirits other than rum may be designated as Rock and Rum, Rock and Rum Liqheur, or Rock and Rum Cordial. Likewise no product may be designated as Rock and Rye, Rock and Rye Liqueur or Rock and Rye Cordial if it contains any distilled spirits other than a rye whiskey, b straight rye whiskey, c blended rye whiskey or d spirit whiskey composed of not less than 51% of rye whiskey.
3.
References to the absence of artificial color and flavor.
Representations have been made to the Administration by manufacturers of cordials, liqueurs and other products to the effect that the statements not artific ia lly colored and not artificially flavored , now appearing upon the labels of com petitors products, are disparaging. A fter carefully con sidering these complaints, and upon the basis of information now at hand with respect to competitive marketing prac tices, it has been determined that these statements are, in fact, disparaging within the meaning of Section 41 a 2
of Regulations No. 5.1 All bottlers of distilled spirits now using labels upon which appear the statements not artifi cially colored or not artificially flavored are, therefore, advised to revise the same promptly, and obtain new certifi cates of label approval. In view of the fact that the labels referred to have heretofore been approved by the Adminis tration, a reasonable time will be allowed within which to make the necessary adjustments to conform to this ruling.
se al W. S. A l e x a n d e r , Administrator.
F .R . Doc.38-661; Filed,M arch3,1938; 3:21 p_m_

FEDERAL COMMUNICATIONS COMMISSION.
P roposed A m e n d m e n t t o R u l e 117 W i t h R e spe c t to n w P o w e r of B roadcast S t a t io n s o n C le a r C h a n n e l s
The Commission at a meeting held February 21, 1938, directed that a hearing be held beginning 10:00 oclock A. M., May 16, 1938, at its offices in Washington, D. C., to deter mine whether or not Rule 117 should be amended with respect to the power of broadcast stations on clear channels, and in particular to determine what limit, if any, should be placed upon the power to be authorized for any such stations.
It further directed that at said hearing and to be consoli dated therewith, the Commission will hear all pending appli cations for permits, modification or renewal of licenses, ex perimental or regular, which request power increases in excess of that permitted by the existing Rule.
11 F. R. 98.

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