Virginia Law

A. Except as provided in subsection F of this section, all wine and beer sold in the Commonwealth shall be first approved by the Virginia Alcoholic Beverage Control Authority (authority) as to content, container, and label.

1. All wine and beer sold in the Commonwealth shall conform with regulations adopted by the appropriate federal agency relating to labels, definitions, and standards of identity. An application acceptable to the authority or on a form prescribed by the authority describing the merchandise shall be submitted for each new brand and type of wine or beer offered for sale in the Commonwealth. Applicants shall submit a copy of the approval of the label by such federal agency. A registration fee in an amount established by the authority shall be included with each application.

2. A gift package containing wine or beer for which label approval has been granted may be sold without additional approval by the authority.

B. There shall be a rebuttable presumption that any label that has obtained prior approval by the appropriate federal agency may be approved by the authority; however, the authority may withhold approval of any label if it has reasonable cause to believe the container or label:

1. Contains any obscene subject matter or illustration;

2. Contains a design or statement that is likely to induce underage persons to drink or targets underage persons;

3. Suggests the intoxicating effect of wine or beer;

4. Contains any design or statement that is likely to mislead the consumer;

5. Except as provided in this subsection, containers of wine or beer, or any labels on such containers, or any carton, case, or individual covering of such containers, used for sale at retail, or any written, printed, graphic, or other material accompanying such containers to the consumer, must contain no statement, design, device, or representation that tends to create a false or misleading impression that the wine or beer contains distilled spirits or is a distilled spirits product. This subdivision does not prohibit:

a. A truthful and accurate statement of alcohol content;

b. The use of a brand name or imagery of a distilled spirits product, provided that in the authority's determination the label in its totality does not create a misleading or confusing impression as to the identity and composition of the product;

c. The use of a cocktail name as a brand name, provided that the overall labeling does not present a misleading impression about the identity or composition of the product; or

d. The use of truthful and accurate statements about the production of the product as part of a statement of composition or otherwise, as long as such statements do not create a misleading impression as to the identity or composition of the product;

6. Implies or indicates that the product is government (federal, state, or local) endorsed;

7. Is not clearly distinguishable from a nonalcoholic product or minimizes, fails to identify, or disguises the product's alcoholic contents. The authority shall take into account:

a. The number, location, size, and clarity of references to the alcohol content on the label;

b. Whether the labeling or container emphasizes features that are more commonly associated with nonalcoholic consumable products;

c. Any and all differences between the product's container or label and the nonalcoholic product, including color palette, font type, imagery, placement of words, images or descriptions, and backgrounds; and

d. Any other relevant factor, including whether the nonalcoholic product is clearly marketed as a nonalcoholic beverage alternative to an alcoholic beverage product; or

8. Implies that the product enhances athletic prowess or depicts any athlete consuming or about to consume alcohol prior to or while engaged in an athletic activity; uses the name, image, or likeness of an athlete younger than 21 years of age; or depicts an athlete consuming alcohol while the athlete is operating or about to operate a motor vehicle or other machinery.

C. In analyzing products and labels for approval, the authority may consider the totality of the product label and packaging and consider any other relevant factors.

D. A person holding a license as a winery, farm winery, brewery, or a wine or beer wholesaler shall, upon request, furnish the authority without compensation a reasonable quantity of such brand sold by the person for chemical analysis.

E. Any wine or beer sold only by direct shipment to consumers by holders of wine or beer shippers' licenses shall be approved upon compliance with subdivision A 1 of this section.

F. If the authority has not approved a wine or beer for sale within 30 days after receipt by the authority of a complete application and registration fee, the wine or beer may be sold in the Commonwealth pending a decision from the authority on the application. If the application for approval is rejected, the manufacturer or importer shall discontinue sales of the rejected product upon notice from the authority. Any wholesale or retail licensee may continue sales until any inventory on hand at the time of notice from the authority is depleted.