Industry members may put the name of the retailer on the label or packaging of the products sold to retailers. If the name is added to a label that has previously been registered with ABC, the new label must be separately registered with ABC. [Div. of Alcoholic Beverage Control, “Handbook for Supplier Permits,” website accessed 10/1/2020.]

Permitted. A “private brand label” is defined as a brand label owned by a licensed retailer. It does not have to contain the retailer’s name. An alcoholic beverage with a private brand label can only be sold by the licensed retailer who owns the brand label. The licensed retailer must own the brand name or otherwise have the legal right to use a brand or trade name belonging to another entity. For example, hotels, which operate under a common trademark, may sell beer or cider under a private brand label where a hotel chain or a hotel management company, which owns or otherwise has the legal right to use the brand or trade name, is listed on the license and[…]

Permitted. North Carolina law requires a wholesaler to service all retail permit holders within its designated territory without discrimination, and to make a good faith effort to make available any brand of wine or malt beverages the wholesaler is authorized to distribute in the territory. The statutes provide an explicit exception to this requirement for retail permit holder private label brands. [NC Law, Chapter 18B, Article 12, Section 18B-1203 and Article 13, Section 18B-1303.] An exception for retailer private label brands is also made in the labeling requirements for wine labels. Information normally required on the brand label of a wine may be stated on a separate label in the case of a retailer private label brand. [NC Regulations Title[…]

Permitted. North Carolina law requires a wholesaler to service all retail permit holders within its designated territory without discrimination, and to make a good faith effort to make available any brand of wine or malt beverages the wholesaler is authorized to distribute in the territory. The statutes provide an explicit exception to this requirement for retail permit holder private label brands. [NC Law, Chapter 18B, Article 12, Section 18B-1203 and Article 13, Section 18B-1303.] An exception for retailer private label brands is also made in the labeling requirements for wine labels. Information normally required on the brand label of a wine may be stated on a separate label in the case of a retailer private label brand. [NC Regulations Title[…]

Allowed but product must be available on a non-discriminatory basis to all retailers. No manufacturer-solicitor or outstate solicitor of spirituous liquor or wine may participate in any agreement with any wholesaler for the sale of spirituous liquor or wine which restricts the customers to whom the wholesaler may sell its merchandise. [MO Regulations, Title 11, Division 70, Chapter 2, Section 2.190(10).]

Wine or spirits customized label programs may be offered by industry members to retailers. A customized label program is defined as a sale in which the retailer purchases a single barrel of wine or spirits and the retailer has the option of selecting the product blend, age, estate, barrel or wood type in which the wine or spirits is stored or aged. Custom label programs must be offered to all similarly situated retailers who agree to purchase the program under the following guidelines: All formulas and brand rights to the wine and spirits products must be owned by industry members; no brand rights to the wine or spirits product, or exclusive use of the blend or product options, may be[…]

The PLCB is now prohibited from selling private label products. “Private label products” are defined as a product made under contract by a manufacturer or the manufacturer’s agent for the exclusive right of a retailer. The PLCB is permitted to continue selling any private label products currently existing within its inventory until such inventory is depleted. [PA Law, Title 47, Sections 1-102, 2-207(b)(9)]. Wine Expanded Permittees may not sell a private label product, which is defined as a product made under contract by a manufacturer or its agent for the exclusive right of a retailer. [PA Law, Title 47, Sections 1-102, 4-415(g)].

Retail licensees are not prohibited from owning brand names of distilled spirits and vinous beverages. [FL Law, Title 34, Chapter 565, Section 565.095(5).] Royalties and other contractual payments may be made to a retail licensee, if it sells the rights to a trademark. A retail licensee maintaining ownership of a trademark may be the exclusive outlet for products bottled under that trademark.