Why Data Matters

By Susan DeMatei and Sara Redahan – Wine Glass Marketing

Imagine you are on the marketing team for a direct-to-consumer (DTC) winery, dutifully sending out emails to your newsletter lists and club members, updating posts across social media channels, maybe even sending print notices through the mail. And yet, there does not appear to be any increase in sales conversions or an uptick in club sign-ups. Perhaps there is even a sense of things going into decline. But no one can say why or understand what is contributing to the stagnation.

This confusion is often the case when a new client comes to us, and asks for help. Our response usually starts with, “What does your data show?” To which we often receive a slightly blank or confused stare. Unfortunately, data gets a bad rap as either a bunch of random numbers or as something scary or indecipherable. For the clients who do understand the value of their data, they are often unsure where or how to pull the data to guide their marketing strategies. This mindset requires a reframe – data is not just numbers and figures, it is quantified behavior. Each data point represents an action – a behavior – of the customer. Viewing data in this light allows us to understand how our clients act; then we can anticipate those actions and adjust our marketing strategies to match.
So what kind of data gives the most insight? Well, that depends on where you are looking.

Emails

The three essential statistics to consider in email campaigns are open rate, click-through rate, and bounce rate. Open rate and click-through rate will show how many people opened the email and clicked a link, and allow you to understand how your customers are engaging with your marketing. Bounce rate will tell you how many people on your list were unreachable, giving you a snapshot of the health of your database. All of these metrics are the most helpful when compared over time, or with industry standards from a company like Mail Chimp. By tracking a series of emails you can set goals, and experiment with your content to see how your audience reacts to different messages and set-ups.

For example, WineGlass Marketing had a client with clear branding and what they thought was a strategic plan for email releases, yet their open rates were low, and the click-through-rates were abysmal. They asked us to look at the emails and determine how to improve engagement rates. We examined the emails based on category (newsletter, club emails, special releases), and looked at the types of promotions offered. We also charted the open, click-through, and bounce rates for all emails from the previous two years to determine any patterns. What we found was significant disorganization in email schedules (no clear pattern regarding time of month or distribution across months), confusing subject lines, and obscured links (or no links at all.) Using this data, we were able to convince them to engage in a round of A/B Testing, where we systematically varied aspects of the emails. With each test, we isolated components of the emails that their audience responded well to, and were able to build an email campaign with over a 15 percent increase in open rate and a 10 percent growth in click-through rate.
This client eventually implemented a staggering of promotions, newsletters, and club emails intertwined with triggered emails. This strategy created a conversation between the winery and their customers that resulted in increased engagement and sales.

But how do we measure the success of an email campaign and attribute sales to a particular email?

As many DTC wineries know, much of the sales from campaigns do not directly link back to email clicks. Maybe the person came into the tasting room later that month and referenced the email, or maybe someone was more comfortable phoning in their order. Perhaps they clicked through the email links, abandoned the cart, and then came back to the website later and made a purchase. How do we track these types of conversions? For phone calls and tasting room sales, we help train staff to use order notes or source codes to indicate the email campaign. For website sales, we use Google Analytics, an incredibly powerful tool that is both easily setup and often under-utilized. Our favorite function allows us to tag links used in email campaigns and on social media posts. These tags feed information back to Google Analytics on the behaviors of those who click-through to the website using email links. We can directly track the success of these campaigns by the bounce rate, by the number of and what pages are viewed, if a conversion is completed, and if the individual returns to the site at a later date.

Website

How do users find your website? Once on there, what pages do they view? Does your site encourage conversions and what is the conversion rate? Are you putting your marketing resources in the channels with the highest return?

If you have asked yourself any of these questions, then you should be using Google Analytics to help refine your marketing strategies. Surprisingly, many of our DTC clients are not using this tool, or if they are, it is at a very shallow level, barely accessing the data collected. We believe data is behavior, and the more we utilize data and data analytics, the more we can impact future actions.

One area of Google Analytics that we have consistently seen under-utilized is the setting of goals. Setting goals does not require the eCommerce functionality to be engaged and allows you to track conversions and utilize other tools, such as funnels and assisted conversions, that would otherwise be inaccessible.

Funnels can be extremely important when understanding site functionality and how that is impacting sales. For example, we had one client who was sending emails to their newsletter promoting the release of a limited wine. The email itself had a high open rate and a substantial click-through rate but generated few sales, and we noted a significant number of abandoned carts. Because we had a funnel set-up, we were able to see at which point during the purchase process individuals were dropping out – in this case, it was when the visitor clicked through to the shipping address page after the billing address. By editing the website, we were able to optimize their online sales funnel and improve conversion rate. Google Analytics also allows business to set goals and funnels for non-sales conversions, such as club membership or newsletter sign-ups, and these goals can help optimize those sessions as well.

Setting goals also allows tracking what Google Analytics refers to as “assisted conversions.” An assisted conversion is a marketing channel that assists with, but cannot be directly linked to, a conversion. What does this mean? Imagine you engage in paid promotions or boosted posts on social media and notice a high number of link clicks. However, you do not see any conversions linked to social media or referral sources. It may be that these channels are providing an assist – someone visits your site by one channel, explores a bit and leaves, then a few days later returns from a different channel (usually directly or by a search engine) and then makes a purchase or signs up for the newsletter. The original channel will be credited with an assisted conversion, but only if goals are set beforehand. Across our DTC clients with goals, we have found that approximately half the conversions occur on the first interaction with the site, with an additional 20 percent happening on the second interaction, and the remaining needing three or more interactions for conversion. Therefore, you want to be driving people to the site multiple times, and from various sources.

Using Google Analytics not only allows WineGlass Marketing to track the functionality of a website, but the impact marketing strategies have on a website visits as well. A good example of this is paying for ad space on third party sites. One of our clients who does off-site tastings was paying almost $6,000 a year for a listing on a trip-planning site. However, Google Analytics was showing less than 2 percent referral rate from this site per month. We were able to use that data to renegotiate with the listing site and improve our client’s visibility on their pages. Keeping track of your data allows you to know if you are spending your marketing budget in the right channels, and what type of return on investment those channels provide.

Social Media

Social media is a funny beast. From Facebook to Twitter, Instagram to Pinterest, and all the various sites between, social media offers a unique way to interact with your customer base and provide a way to promote your brand, narrative, and promotions in a cohesive way. Social media also allows your audience to engage with you, and responding to posts and comments is an easy way to increase a potential customer’s awareness of and positive associations with your brand. When looking at how successful a post is, you must look beyond the reach of the post. Reach and impressions refer to how often a post was seen on timeline feeds – it does not indicate engagement. What is better – a post that reaches 500 people or 1000? What if we said the post that reached 500 people had a 25 percent engagement rate and the post that reached 1000 people had 10 percent. You can argue the 25 percent is better (125 versus 100 interactions). Some platforms will provide insights or analytics with your engagement rate, whereas other platforms require a little more work on your end to calculate it. Overall, examining engagement is the best way to determine what types of posts your audience participates in and how well social media is being used to help your brand awareness.

One and Done?

Data is, in a sense, a living-breathing organism. It will change daily depending on how your customers behave. Looking at your data is not a one-time-fix-all for your marketing team. You should integrate data with every campaign, both as a post-mortem and as part of the planning for the next campaign. Your marketing strategies should change and adapt as your customers do, and what works for one segment of your database might not for another set. Perhaps what was once a successful marketing strategy is slowly decaying, and you need to refresh your message. Analyzing your data on a monthly basis will help you craft your marketing messages and allow your brand to shine.

Susan DeMatei is the owner, and Sara Redahan is the Analytics Supervisor of WineGlass Marketing, a full-service direct marketing firm working within the wine industry in Napa, California.

www.wineglassmarketing.com

10 Tips for Making the Most out of Q4

By Susan DeMatei

As harvest wraps up, you should be ready to pounce on Q4. There are several reasons OND (October, November, December) is a crucial period for Direct to Consumer Sales. First, it in the high point between the summer slump, where it is often too hot to ship or consumers go for cold beers and cocktails over wine, and Q1 where New Years Resolutions have us grabbing electrolyte water and swearing to balance our budgets. Second, the reasons to remind our consumers about wine are too numerous to count. There are large family dinners in need of wine pairings, parties in need of hostess gifts, corporate and personal gifting in need of that classy yet universal item. And, thanks to Daylight Savings time, we leave work in the dark during the OND months—making us feel as though we’ve worked harder, longer, stretched our capabilities farther—and are deserving of a reward. So, just in general we tend to spend more money on luxury products during OND on ourselves. In strictly financial terms, Q4 often shows better ecommerce sales than the other three quarters combined, and it is your last chance to show your shareholders, board or boss that you can make the yearly sales goal.

The downside – everyone knows this. From car companies with gigantic ribbons to your local grocery store with a discount on cranberries, everyone has a sale on something and the competitive noise is deafening. As an individual winery, it may seem daunting to compete with Amazon and Wine.com and jump into the ecommerce pool with the sharks, but there are ten things you can do to make the most out of your fourth quarter.

  1. Silver Bells, Silver Bells, its Shipping Time in the City.” Know and widely share your Holiday shipping deadlines.

The Amazon affect is never more keenly felt than in the shipping and delivery expectations of consumers. Amazon offers insanely fast delivery and even has the US Post service working for them on Sundays. This has set the expectation bar VERY high for consumers. How does Amazon do this? They self-fulfill, and according to GeekWire’s analysis released in February, Amazon lost $7.2 billion on shipping costs in 2017. While this is clearly great for consumers, it puts the rest of us in the untenable position to compete. And while, logically, consumers should know that a small family winery cannot take an order at 8pm on the Tuesday before Thanksgiving and have the wine there the next day in time for celebration, that is what the public is being trained as the “new normal”.

You can avoid this confusion right off the bat by clearly posting your shipping deadlines. You don’t have the power to compete, but you do have the power to set your own customer expectation. Make sure they are posted on your site, in your emails and on your cart checkout pages. Also, make sure your staff knows all your “drop dead” dates. It will help alleviate disappointed customers, which is a sure fire way to lose Club Members, lower Yelp scores, and raise your boss’ blood pressure. You can turn this into an advantage, as well. You can use the cut-off dates to create urgency by sending out reminders or sweeten the deal right before your shipping cutoff.

  1. Grandma Got Run Over by a John Deere.” Visiting family is a great sales opportunity.

If you’re like most wineries, many of your Club Members live locally. The holidays bring the inevitable in-law invasion and it will not be long before they want to get out of the house and are looking for things to do. Holiday Club events at this time of year offer your Members a chance to relax as well as a welcome distraction for guests. For you, they are an effective way to capture a new audience.

Now is not the time for “Member +1” limitations. Come one and come all and keep the event simple and festive, like a drop by open house with mulled wine and “make your own cork tree ornament”. Invites can be simple, too. For Club Members and VIPs, you might want to use something more tangible and personal like a physical Holiday gift card or event invite. But for others, there are many inexpensive card services like Paperless Post and Evite offers online cards as part of their invite system. Don’t try to compete with corporate holiday parties in the evening, but grab a Sunday afternoon to provide that break from holiday shopping. And, encourage shopping. Be sure to provide wine gift boxes and bags, and since everyone is from out-of-town, an additional shipping incentive might be a good idea, too.

  1. Have a Holly Jolly Gift Box.” Provide packaging.

Speaking of gift boxes and bags, 2, 3 and 6 bottle gift boxes are hot items during the Holidays. These need not be expensive wood burned or custom labeled, but your local shipping store may have a simple black, red or cardboard box that will fit the bill. You can offer them as stand alone, or put gift packs together at a discount. But if you do pre-select, make sure to offer variety, include the best sellers and set them at a variety of price tiers – such as $25, $50 and $100. Remember to include the price of the box in the gift pack price before discounting, or as the discount. (A nice box will often trump a discount.)
Gift boxes are nice for consumers, but really great as corporate gifts. Be sure to get the word out early to business owners that might be looking for employee, vendor, or customer gifts. For most wineries, email is still the most effective direct line of communication of gift sets. Constant Contact, Mail Chimp and Vertical Response users can find holiday template ideas to spruce up their marketing. Emails are most effective as a delivery for these sales or events to your contact list. Be sure to include a call-to-action link and ALWAYS give them opportunity to purchase direct with a click to your ecommerce store from the email.

  1. Deck the Halls with Boughs of Tchotchkes.” Non wine items can add incentive.

‘Tis the season for ornaments, candles, and bottle sweaters. But, keep a couple guidelines in line. First, make sure it goes with your brand, and the concept of wine. A logo hat or that cute baby onesie probably doesn’t make people think about buying wine. Second, think about shipping. A decanter with your logo may seem like a logical gift, but just make sure you have a way to safely ship it. Thirdly, steer away from the corkscrew or bottle stopper. This year resist the temptation to offer the same ol’ Holiday swag and stand out. People generally shop in wineries for local, unique products that look like they came from a winery. Partner with local craftsman and designers who are trying to capitalize on the Holiday’s, too. Finally, offer these items individually, but also with wine as a discounted pack and gift packaging for the highest opportunity for sales.

  1. I’ll have a Blue Facebook Christmas.” Update your social media.

The rising use of e-commerce in Q4 increases opportunities for wine marketers, but it also increases the difficulty of truly standing out in the market. For wineries looking to effectively engage with online consumers, one of the most important components will be effectively integrating the brand’s social media platforms into the overall online experience. Consumers shopping online will also be referencing the brand in either positive or negative ways on social media. Brand owners can use social media to be part of those conversations to build their brands, or miss that opportunity. If your winery has Holiday spirit, then show it off. Now is a perfect time to update your profile photos and post your holiday sales deadlines and events. Pinterest and Instagram are obvious choices, but also temporarily update your Yelp, TripAdvisor, Twitter, and Facebook profiles.

  1. O Come, All Ye Fruitcakes.” Food pairing ideas give customers a reason to buy.

The Holidays are more about food then they are about wine. Play off this natural partnership with Holiday food pairing ideas. When you offer recipe pairings, or recipes that include your wine, it just gives your existing buyers a way to incorporate your wine in their life and a reason to buy more. Share them on your website, emails, in-the-box Club materials and Social Media. Don’t have any recipe ideas? Call for entries on Twitter or Facebook. It’s a great way to create engagement while showcasing your best Holiday wines.

  1. Do You Hear What’s Around Here?” Tie in with offsite events.

Don’t’ have the time, space or resources to hold your own event? Take advantage of Holiday opportunities in your area. Find events you can participate in and get the message out. Concerts, street fairs, tree lightings or craft fairs are all great opportunities to get your brand out to the public so you can bolster your mailing list and reach new potential customers.

  1. Santa’s Got a Bag of Swag.” Don’t forget your best customers.

Now is the time to thank those faithful evangelists that bring joy every year by buying copious amounts of your wine. A quick analysis of your database should reveal who your top 5 or 10 purchasers have been this past year. A signed bottle of their favorite wine or a gift package with a personalized card shows a personal touch that will be appreciated and go a long way to continuing your relationship. Gift cards are a popular way to say thank you and bring more sales, as well. Customers can choose to redeem or re-gift and sales almost always exceed the card value

  1. All I Want for Christmas is a Nebuchadnezzer.” Bring out the large formats.

They’re dusty, heavy, and take up space in the warehouse. No, we’re not talking about your cellar staff, we mean the large formats. While they seemed to be a good idea during bottling, they are usually forgotten for the rest of the year. However these big boys make impressive presents and are popular during the holidays. So, dust them off, find a gift box for them, display them, pour them, sell them…now is the time.

  1. Let it Show, Let it Show, Let it Show.” Charitable tie-ins tug at heartstrings during the holidays.

The Holidays are about giving, and if you want to get mercenary about it, this is also the last time for tax write-offs. There are many charities around this time of year looking for auction items. Donate some large formats or remaining cases that aren’t moving. Or show your support by offering a percentage of sales as a contribution to a local charity. You can also support an employee food or gift drive or volunteer day. All of these suggestions are good PR, good for morale, good for sales, good for social media content, and good for your community.

Whew! That’s a lot of bad jingle puns for what is a short amount of time in your marketing calendar. So many options, so little time. Let’s make a list and check it twice:

  • If you do a Holiday campaign, know its objective. Sell wine? Not necessarily. Often times, Holiday promotions are about retention and brand recognition. This is a festive time of year and marketing is all about “emotion”, as described in a recent Forbes article. Don’t just throw out a discount, but make a theme that’s reflected in everything you do this time of year.
  • Make a list of all the assets you can use to make sales in Q4. Do you have a great property that is already decorated? Do you have inventory you can afford to discounts, or large formats the trade isn’t using? Are you already partnering with other businesses or charities? Often if you look at what you have to work with, the ideas will flow from there.
  • Make a campaign theme. Now tie the objectives and assets into a coordinated theme. This can be a visual element, or a tagline or focus that makes sense for your winery brand. Then carry this through the website, all the emails, and social media.
  • Set a timeline. A campaign has a lot of moving parts: copywriting, design, event planning, etc. Timing is everything. Allow plenty of lead-time for design and be sure to accommodate any lead times required by your vendors. Send your emails out well before your shipping deadlines. Message your audience early and often, but be sure to keep it all in sync, and make sure to build in contingencies for mishaps and mayhem.
  • Communicate to the team. Is everyone clear on roles and timing? Does your staff know what to do when a gift card shows up at the register? The team needs to be fully informed of the promotion, the messaging and the timelines in order to successfully deliver on that customer expectation.
    Still too much? Don’t worry, you won’t get to all of these ideas. Just pick a few and do them well. The important thing is to not let the Holidays get by without some marketing effort.

Susan DeMatei is the owner of WineGlass Marketing, a full service direct marketing firm working within the wine industry in Napa, California. www.wineglassmarketing.com

MANAGEMENT OF VINE BALANCE FOR BETTER WINE, AND FOR PROFIT

By Dr. Richard Smart, “the flying vine-doctor”

This article will continue with the theme of the last one, that is vine balance. Here the emphasis will be on management of vine balance. The last article included my suggestion of how to measure vine balance at winter pruning by recording pruning mass. I have always previously termed this metric pruning weight, as Prof Nelson Shaulis taught me. I now understand that pruning mass is the preferred term.

Better Balance for Better

Yield & Quality

At the one extreme of poor vine balance are over-vigorous vines typically with canopy shading. Such vines are characterised by large leaves, long shoots and many lateral shoots. Without remedial treatment such canopies have shaded fruit which affects berry competition and wine quality, and also reduces fruitfulness and yield. Some diseases such as Oidium and Botrytis are encouraged by dense canopies. This contribution will deal particularly with vines of high vigour, and present management strategies to avoid them.

Vineyards of low vigour are an important cause of low profitability. Growth inhibition can be due to many causes, too numerous to mention here. In recent years Grapevine Trunk Disease has been frequently implicated in poor vine health.

We will discuss the two most important methods of vine balance management, firstly by root competition and secondly by pruning level.

Tools of Grapevine

Balance Management

Using Root Competition

It is more difficult to manage root competition with rainfall-fed vines than for those which are irrigated. One can use volunteer weeds or select a cover crop species which will more efficiently compete with vines. Because vines are generally deep rooted, the most efficient, competing species are those which are also deep rooting. However even species with moderate or shallow root depth can be effective in competition when rainfall amounts are small.

Normally competing species are planted in the inter row space, where they can be mowed or even cultivated if the level of competition is excessive. Recent research from Europe has shown that planting competing species under the vines within the row is much more effective at competition. Such plantings can however be more difficult to manage.

How much stress is desirable? I suggest some simple guidelines here. Shoot growth rate or more exactly the extension activity of the shoot tip is the criterion I prefer to determine the degree of vine stress. Generally we like to see the shoots growing actively early in the season up through flowering and fruit set. Then say about four weeks or so before veraison the shoot tip growth should slow, and then be limited around the time of veraison. Ideally this mild stress should continue until harvest, avoiding severe stress so that leaf health and function are maintained. Such timing can be difficult to manage when rainfall is the water source.

Using Pruning Level

Our aim here is to determine the appropriate bud number for even and adequate shoot growth. My general preference is to have shoots that are 3 to 3 ½ feet long with tapering tips indicating modest water stress during fall. How many buds should we retain to achieve this ideal length?

We understand that if too many buds are retained at winter pruning then the vine reserves which support initial shoot growth become diluted and shoot growth can be  somewhat stunted. Conversely, if too few buds are retained then the growth of only a few shoots is very much encouraged. The shoots grow rapidly often with many laterals. Because of less crop on the vine they will continue to grow most of the season.

The correct shoot number per vine is obviously somewhere between these two extremes. There are several ways in which it can be determined. The one I favour was again taught to me by Nelson Shaulis, and relates the pruning mass to bud number retained at winter pruning. Again there are various forms of this formula ; the one I prefer is to retain 20- 30 buds per kilogram (9 to 14 buds per pound) of pruning mass. In cool climates, I suggest 20 buds per kilo (9 per lb) although in warmer climates I suggest 30 (14 per lb). And I judge if it is a warm or cool climate by summer temperatures, obviously not those of the winter.

There is a simple rationale for this approach. The pruning mass is related to the amount of leaf area of the previous growing season, which in turn is related to the vines capacity for growth in the new season. Another way to put it is that we are balancing the bud number retained at pruning to the amount of vine carbohydrate reserves available to promote new growth.

The careful reader will be concerned about the apparent need to measure pruning mass of so many vines prior to pruning. In fact, by recording pruning mass for a range of vine sizes teaches the pruner to estimate pruning mass sufficiently well to make the judgement. This can be reinforced for very experienced pruners by assessing last season’s shoot growth. If it appears balance as I describe here then pruning to about the same bud number as last winter is a good guess. Obviously one might make some allowance for the last growing season.

In practice many vineyards are pruned by unskilled labour and one can but hope that pruning level will be reasonable. I think it a good investment to spend time for experienced pruners to train those less experienced in some simple guidelines.

The Golden Rules of Viticulture

I like to think that some decisions in vineyard management can be reduced to simple concepts or rules. I have developed two which are as follows:

Golden Rule 1: Pruning to 20 to 30 buds per kilogram (9 -14 per lb) of pruning mass.

Golden Rule 2: Aim for 15 shoots per metre of canopy (4-5 shoots per foot).

We need some more definitions here. If the vines are trained to a simple system like vertical shoot positioning, then there is 1 ft of canopy per ft of row. If the canopy is divided, as for saying with the Scott Henry, then we have 2 ft of canopy per ft of row.

Golden rule two relates to the density of the canopy and aims to avoid excessive shade. Provided the shoots are of moderate vigour, a canopy with this shoot spacing should not be shaded. There will be sufficient gaps between the leaves to allow sufficient sunlight for adequate leaf and fruit exposure. There will be limited leaf overlapping, and shading.

Implications for Choice

of Training System

Vineyard vigour is also an at important reason for choice of the trellis system. In principle, the higher is the vigour, then the more buds needs to be retained to accommodate this vigour, and so there are more shoots per vine. There for higher vigour vines have more shoots and so need a larger trellis system to better display them without crowding.

Again there are some simple guidelines. Simple single canopy trellis systems like the popular vertical shoot positioning (VSP) are well suited to low vigour conditions. For example, these are vineyards with less than 0.5 kg of pruning mass per metre row length (1/3 pound pruning mass per foot of row). The most common vineyard balance problem I see is for too-high vigour vines trained to the simple VSP system. I wonder is this also the case in the Mid West.

Medium vigour vineyards are characterised by pruning mass ratios of 0.5 to 1.0 kg per metre, or1/3 to 2/3 lb per foot of row. This vigour classes is quite common for rain fed vineyards. We cane pruning is commonly used, I suggest the simple conversion to Scott Henry trellis. For those preferring spur pruning the smart Dyson can be used. Both of these trellis systems are vertically divided.

High vigour vineyards are characterised by pruning mass ratios of more than 1 kg per metre or more than 2/3 lb pruning mass per foot of canopy. The Geneva Double Curtain GDC is normally recommended here as the pendant shoot growth helps devigorate the vine. This training system is well suited to some hybrid varieties with less erect shoot growth. If the recent experience is hot and sunny summers than caution needs to be exercised regarding excessive fruit exposure. This can be readily overcome by training up one or two shoots along the cordon wire to provide some protection.

Conclusion

  After a while the concept of vine balance becomes quite intuitive, and one knows some tell-tale signs of problems at different times of the year. For example, it is very easy to look out for excessive shoot growth around veraison which we know will harm fruit ripening.

A second useful visual cue which I suggest growers learn is the appearance and weight of an ideal shoot. As I have previously indicated such a shoot normally has 15 to 20 nodes of moderate spacing and average shoot diameter. The length is normally around 3 to 4 feet and the most recent growth should be obviously tapering with internode length becoming shorter indicating growth with moderate water stress. When measured in winter such a cane will weigh around 40 to 50 g, or 0.1 lb. Learn to recognise such canes from the pickup in summer or winter and you will be well on the way to growing balanced vineyards.

A Winery Roadmap for Data Capture

By Susan DeMatei


If you’re trying to sell your wines through direct channels, your customer database is the most valuable tool in your marketing arsenal. Most wineries understand the importance of a database, but few have a documented list for which consumer data points should be collected, and why.

In any given business, different departments have different needs and will require certain customer data points. These needs can often be in conflict. It is common, for example, for senior management, marketing, accounting, and tasting room staffs to all prioritize different aspects of data collection. Without a list that is agreed upon by all departments of what customer data should be captured by whom and in what manner, consistent data capture simply won’t take place. A collection plan will ensure that everyone is on the same page, knows what data they are responsible for, how to collect it, and why collecting it is so important.

Primary Data Capture

Full contact information should be collected whenever possible. These touch points might be on the phone when making a reservation, online when placing an order, or in the tasting room as a walk-in visitor. Each touch-point channel will have different success rates for capturing data, and different responsibilities, needs, and technical limitations.

By “full” contact information, we mean:

• First and last name
• Billing address
• Email address
• Phone number
• Birth date (if a shipping or club customer)

Why capture this information?

This information is helpful for a number of reasons. First and foremost, you can contact them again in the future, and have a choice for how to do so. If you only collect email addresses, then you won’t have the option to send out a special event invitation via snail mail should you choose. Or, you won’t be able to perform an outbound call campaign if phone numbers are not routinely captured. The more data you have, the more flexible your marketing strategies can become.

Another reason this information is helpful is you can start to look at database segmentation. Combine contact information with your marketing or sales results, and you can begin to see if those ad placements in Miami are bringing up any Florida visitors, or if it is worth getting that shipping license for Pennsylvania.

What do you do if you don’t
have this information?

One easy thing to do if you have a lot of partial records in your database is to perform what is called a “data append”. There are several subscription websites, like Spokeo, where you can search for missing phone numbers, addresses, or emails on a one-off basis. Or, if you have an extensive list with missing data, there are mail house and list companies that perform quick and inexpensive data appends based on the NCOA registry. The National Change of Address Registry is that little card you fill out with the post office when you move. Often it has phone and email and other information that can be appended for as little as $.30 a record.

Even if you don’t have a lot of incomplete addresses in your database, it is a good idea to scrub your bounces and undeliverable emails in this way at least semi-annually. Marketing Sherpa research shows that data decays at a rate of 2.1% per month – that is an annualized rate of 22.5%. So, even if you do have full contact data for the majority of your database, you can count on 1/5 of your database churning every year. That’s a lot of updates to keep on top of.

Channels

It is always easiest to collect data via the Internet during the checkout process on an eCommerce transaction. Customer data is mandatory when checking out of an online shopping cart for billing verification and shipping information, and most consumers are used to providing it in this scenario.

You may need to remind your staff that is it is also quite reasonable to ask for detailed contact information on the phone when someone is making a reservation. If someone is visiting your property, you have a legal right to know who you’ll be entertaining.

But, what about when a customer walks in and is simply tasting at a busy bar? This is where your team’s tenacity and creativity come into play.

It is imperative to work with your staff to find ways to insert data collection into the tasting room process. Capture their ideas and provide them with the tools they need. This could involve a sign-in sheet, or sign-up pads, filling out order forms or iPad check ins. There are many ways to capture data in a customer conversation that doesn’t feel like an interrogation or violation. The important thing is to make it top of mind with your team and encourage them to incorporate it into how they handle every customer. You won’t be 100% successful. But for every address you collect, that is another potential sale from your database in the future.

One tool that some of our clients have used is providing goals for their tasting room to meet. In the last DTC Survey published by Wine Business Monthly the average monthly visitor count across all regions of the US was just over 1,100 visitors a month. If you set a goal for your tasting room to capture even just 20%, you can expect approximately 220 new customers to your mailing list every month. Some have found success posting this goal in the back, and some wineries (about 7% according to that same article) give bonuses or pay outs per sign up.

Second Tier Information

After the basic data collection mentioned above, information that can help you segment your database is the next assignment for collection.

By segmentation data, we mean:

• Customer group
• Source
• Spending history per customer (linking sales to a customer record)

Why capture this information?

This information can include basic customer groups such as “trade”, “employees”, “wine club” or “locals” and will need to be set up in your database prior to collection. Spend some time looking at your database to determine what groups might be appropriate to your business. This information is helpful if you’re sending out different messages for a wine club event or a trade hospitality party. In a few clicks you can have your list pulled with some forethought and effort on the front line to put customers in their proper groups.

Other second tier data that is helpful to collect is source data. A source is defined as where you got the potential customer. Most databases have a source field where you can standardize input sources such as a neighboring bed and breakfast, other wineries, programs such as Lot 18 or Wine.woot.com, livery services, or a friend of a wine club member. You will find this data invaluable when planning out your next year’s activities and deciding what programs and relationships are worth your time and what efforts were not as fruitful. Without source data, how are you to know what worked?

Finally, and most importantly, is spending history. This involves making sure a customer record is recalled, or appended with a sale or club transaction. Only in this way can you tell this customer’s value. Marry this information with information like the source of the customer, and you start to see the full picture of what efforts are paying off and what are wastes of time.
What do you do if you don’t
have this information?

You can export your data and put them into groups at any time. Things like addresses and companies and purchase history will help you determine what labels might apply. Many systems allow you to re-upload information into these groups, keeping your edits in place within the database.

In the case of source data, you need to do some sleuthing to back-fill this. Sometimes the date of a large order will make it clear it was with an event, or a note or shipping address will provide clues. But, if all else fails, it is never too late to begin to collect this data on all future database members moving forward. Just start fresh and set up the procedures and process to collect it now.

If you haven’t captured spend data under your customers, you can’t really go back and re-create that. When working with our clients, it is our recommendation that not only should purchases be captured and attached to a customer record, but also the lack of a purchase. For instance, let’s say you agree to pour your wine at two events. You pay for your staff and write-off wine to pour for free and hand out 2-for-1 tasting coupons inviting attendees to visit your tasting room at both events. People show up with that 2-for-1 coupon. Some buy and join the wine club, and some take the tasting coupon and the discount and leave without purchasing a thing. If you don’t capture the name and source of the people who just walked in and walked out, you won’t be able to look back and determine if one event over another did poorly.

Tertiary Information

For those sophisticated in data collection, the third tier is behavioral data.

By behavioral data, we mean:

• Channel response
• Sign-up preference
• Notes

Why capture this information?

This data will provide you with insight into how the customer wants to receive marketing messages from you, and, more importantly, how they are likely to respond. For example, if you send out emails monthly, but this club member always responds to the offer in the printed newsletter, that is helpful in planning out and projecting your next program. Take things like timing, responses, mobile and frequency into account.

The reason for this is simple – we all have different preferences for communication. Some of us are more active on Twitter, some like the phone. Once you know your customer’s channel preference – for communication and sales – you can not only provide the best customer service, but boost your sales as well.

This level is the holy grail of direct marketing: combining 1) contact data, with 2) segmentation, with 3) behavioral preference.

In this manner, you can almost predict within a range of certainty how programs will perform and what the best option is for sales to your database. This is hard to achieve and even harder to mine, but with some set up and planning on your part, you will reap the rewards.

So, what level are you?

The trick is to know what stage your winery is working on and set goals and procedures to move forward from there. You, your management, and your staff should know why you’re collecting data, and what the process is to do it.

Data capture is an ongoing struggle and will change as new methods of communications are developed and customer habits change. But it reaps rewards with ongoing email sales and club shipments. The key is to keep at it and keep moving forward.

Susan DeMatei is the President of WineGlass Marketing, a full-service direct marketing firm working within the wine industry in Napa, California. www.wineglassmarketing.com

Wine Label Branding: Stay True to Yourself

By Robin Dohrn-Simpson

Imagine you’re a customer in a wine store, searching for your next bottle of wine. What would attract you beyond the style? Does a label displaying Jesus on the cross or an elderly Frenchman with a bulbous nose and colorful beret intrigue you enough to buy? Often, the consumer is casually browsing for something that catches their eye. Maybe they just traveled to a particular region of the world, drawing them to wine from that area. Perhaps a wine label triggered a pleasant holiday memory. Possibly it’s the color of the label that attracts them. Regardless, it takes about four seconds to make that first impression.

Wine branding strategy has reached a point where marketing and merchandising play as important a role as the product itself. Wine labels are your brand and your billboard, influencing a consumer’s purchasing behavior. It is the first contact you have with your customer, and the more unique and appealing the label design, the higher the chance of it being purchased.

“Winemaking is an art; the label is a reflection of that art in the printed form,” said Maurice DiMarino, Certified Sommelier for the Cohn Restaurant Group in San Diego. “The label is an expression of the wine. It has to connect with the consumer on some level. If that means only writing than let it be if it means images then that is it.”

Define Your Brand

Wine producers should research and understand their target demographic and design the label to appeal to that market, but not so much that it becomes off-brand.

“The real starting point is your brand. Not just your logo – the whole collection of elements that is ‘brand,’” said label and graphic designer Sara Nelson of Sara Nelson Designs in Kennewick, Washington. “Everything works together to build market presence, then market share. There is nothing more expensive than indecision. If you don’t know who you are – not wish you were, want to be or hope you are, but who you really are as a brand – then you aren’t ready to worry about a label. Solve that problem first.”

“Stay true to yourself,” agreed Teri Kerns, co-owner of Ramona Ranch Winery in Ramona California. “We wanted something that reflected our personality and brand as a sustainable ranch with horses and grapes. The two came together perfectly. Not too stuffy, but we hope still conveys that there is something special about our wine.”

Don’t let it get out of hand, though, said DiMarino. “Tell your story; however, the most important thing is just because you have a favorite animal, hobby or loved one it does not need to be on your label,” he said. “The label should be a reflection of the wine or the consumer you want to attract. Sure, you can include some elements that bring it back to you, but make it subtle.”

DiMarino suggests using your label to reflect what’s in the bottle, almost literally. “There is a study in synthesia, which is the perceptual phenomenon in which stimulation of one sensory or cognitive pathway leads to automatic, involuntary experiences in a second sensory or cognitive pathway. Imagine if you could taste the label. What if the wine was colors and fonts, what would it look like?”

Label and Bottle Appearance

Beyond branding, when creating a label, winemakers should determine how and where their wines will be sold.

“After you have created your brand, not just your logo, but the whole collection of elements, then you must consider where your wine is mainly going to be sold,” said Nelson. “How is it going to be sold? At what price point? Hand-selling through a tasting room is very different from going off a supermarket shelf. If the wine will compete as one of many on a supermarket shelf, or even within a small wine shop, you get a tiny bit of space and a tiny slice of time from a potential customer scanning a display. In this case, the label needs to catch the eye from several feet away. It also needs enough contrast to be readable.”

Selling exclusively through a wine club is another option beyond tasting rooms and retail shelves. In each situation, how you express value is different. “We considered playing it safe, mirroring our label after a typical French label, but that’s not us,” said Kerns of their cowboy theme. “We’re not French. We’re not in France, and we’re more fun! We worried that our limited edition cowboy label might be too narrow of market appeal. However, we only sell that specific wine directly from the winery, so that has not been an issue. In fact, the wines with those labels sell out.”

As a sommelier, DiMarino wants to see specific bits of information on a label. “I want to know grapes, region, alcohol level, and – most importantly the back label – where it was produced and bottled,” he said. “The majority of wines in California are wines where the owner of the brand had very little to do with the production of the wine. The back label lets me know how much the owner of the brand was involved in the winemaking process. ‘Cellared and bottled by’ means that someone else made the wine and the brand owner bought the juice. ‘Made and bottled by’ means at least 10 percent was made by the brand owner. When new wineries come to show their wines, and the labels are not up to par, I will mention something to them.”

As a designer, Nelson said, she likes the label to be memorable, but also thinks it should reflect the price point. “I like enough differentiation between varietals and tiers that one easily recognizes just what they have their hands on. Good consistent branding doesn’t have to look and feel like cloning with just the name of the varietal changed out. The design and materials used should let you know where that bottle stands in the brand’s value chain and should represent that accurately. Putting an $8 bottle of wine in a heavy bottle and using a low contrast palette and gold foil doesn’t make it a $40 bottle. If you pretend that it does, it will bite you in the long run.” Nelson says one of her pet peeves is faux humility. She warns against brag sheets on the labels or writing in a voice that no human uses.

Color, font, and bottle type

Color themes differ from bottle to bottle and brand to brand, and opinions vary on what works best.

“It would be easy to throw out quick hits like, ‘bright colors are always better’ or ‘don’t use this or that font,’ but there are few absolutes,” said Nelson. “With solid design principles, you can usually accomplish what you need to in catching eyes and being readable with a wide range of colors and fonts. Don’t forget that words can be artwork, too. The wine industry is very traditional. A great deal of what is purchased and consumed has more to do with tradition than perceived superiority to every other beverage at any time.”

Ramona Ranch Winery has matched the color of the bottle to the color of the label to accentuate their labels. “We’ve even played with picking up accent colors from the wine in our label if we are using a flint bottle,” said Kerns.

DiMarino believes fonts should vary depending on how winemakers want their wines to be perceived. “The font and lettering need to match the brand that you are selling,” he said. “If the wine is a simple, easy drinking everyday wine, the font may be whimsical; it matches the wine. However, if it is a wine with structure, oak, high-quality grapes, whimsical fonts do not work. The wine is not taken seriously. The font needs to be more classic, more serious.”

Words of Wisdom

Nelson reminds winemakers not to assume anything about who is drinking their wine.

“There is no single archetypical wine drinker, and there is no monolithic United States ‘wine market.’ For some people, wine consumption is a nearly religious rite, carefully prepared for and rigorously performed,” she said. “Others open a wine bottle with a sheet metal screw, then pass around the Dixie cups; and there are thousands of others somewhere in between those two.”

Winemakers should, however, learn what attracts customers, no matter who they are or how they’re drinking the wine, and they will see even more success.

“There are two kinds of people making those decisions: those who think that doing what appeals to them personally is best, and those who realize that their target audience is the real boss,” said Nelson. “The former will sell some wine- to themselves and maybe to a few relatives. The latter will sell a lot more wine to a lot more people. Many smaller wineries tell you that they can’t afford to spend money on things like research – or professional design, for that matter – but the tighter your cash flow, the less you can afford to guess at these things.”

Three Biggest Challenges Facing Small Wineries Today?

I think the real story in the Willamette Valley (and other small regions nationally) is that 75% of wineries produce fewer than 5,000 cases annually. It’s micro-production by any measure. They have survived because of so-called “Premiumization” and the recent fascination with their AVAs. What will happen when the next economic downturn occurs, as the distribution consolidation continues, and/or as vineyard and winery acquisitions accelerate (which they are doing now)? Are there business parallels between what is happening in Willamette Valley and other wine producing regions in the United States; and what about other burgeoning industries such as craft beer or high tech? Is large destined to win? How will small craft producers survive and thrive in the long run?

Distribution

Distribution is one of the most challenging business problems small-production wineries face. Consider that just 20 years ago there were roughly 2,500 wineries and 3,000 distributors. The odds of having your wines represented by distributors were very high due to the demand for excellent wines. Distributors worked hard to help build winery brands, and being 100 allocated to wholesalers was not uncommon. That is not the case today. There are more than 9,000 wineries in the U.S., and with the consolidation of the largest distributors, I estimate only 700 distribution companies remain. Making matter worse, is that there are five or six national beverage wholesaler powerhouses that control 65% of all wines on the shelf nationally. And for economic reasons, they focus on large family or corporate winery groups, high profit margins and depletions. Additionally, International brands are flooding our markets with good quality and aggressively priced imports. Finally, large retailers like Total Wine, Trade Joe’s and Costco have significant purchasing power and we’re seeing more private labeling from these businesses. The small winery simply cannot compete. Ironically, market research and industry studies show that today’s consumers want to try and purchase more from small craft brands (as opposed to the well-established brands that used to be consumers’ preference), but cannot find them available in the marketplace.

Additionally, I was reminded of the purchasing power of retailers that act as wholesalers. I made a trip to Costco recently and discovered cut-rate pricing for Willamette Valley Pinot Noirs on display for Oregon Wine Month. Would you believe $10.99 for Willamette Valley label wines? Concurrently, there are active initiatives to control labeling and varietal percentages to enhance the Willamette Valley brand and presumably our price points. I can’t make sense of this discounted pricing in the long run, despite the recent large yield vintages.

Competition

While there are still many small winery operations starting up these days, there are many others that are better equipped for this hyper-competitive environment. I believe we are living in a wine bubble that is destined to pop for economic, political or other unforeseen reasons. Starting a winery today requires significant funding and marketing wherewithal to stand out in today’s crowded, competitive market. We not only have too many wineries in small regions like Willamette Valley, we’re seeing many more from all over the world that bring serious investment dollars and business savvy to bear. Many smaller wineries aren’t so well prepared.

The California wine business and especially Napa Valley may offer perspective. It has been estimated that 75% of Napa winery brands are corporate and 25% of those with international owners. The remaining 25% are still small family wineries where personalities, stories, customer interactions and accessibility are the keys to survival. My hope is that those small producers are building their consumer and trade loyalty during these halcyon days to brace for whatever this next cycle brings us.

In Willamette Valley, I am starting to see high quality and reasonably priced $20-$30 Pinot Noir – which I believe is sustainable for most small wineries – and should act as a good hedge against eventual restrained consumer spending, as well as to supply national wholesale markets.

Brand Building

Why do this? Because distributor will no longer help you “build your brand”. And more importantly, is that top of mind awareness is the only way to ensure consumers will buy wine from you when they are ready. The adage goes something like this – Repetition breeds familiarity; Familiarity breeds trust; and Trust leads to Sales. It’s the justification for advertising and media relations programs.

Consumer still appreciate third-party opinions from experts to help guide their purchases. When a writer tells your story or reviews your wines you’ve received an implied endorsement from that wine expert. We call this “earning media”, versus paying for media such as advertising. These endorsements are critical if you want to expand your reach beyond the subscribers, followers and customers you already have and are currently marketing to.

This area of Earned Content or Earned Media is important because it contributes to the library of content your winery can use in its marketing efforts. Wine is still an esoteric luxury purchase for many consumers, and even in this premium economy we need to influence consumers choices about their discretionary income. Links to articles, podcasts, and video interviews about your brand are great marketing content. Share your scores, medals and other achievements in your general interest and wine club newsletters, and on social media. These are the bragging rights that you’ve earned, and that makes a huge difference in today’s wine world. On the flip side, garnering media attention but not doing anything with it, such as mentioning and linking to it on your website, blog and social media pages, is a terrible waste of a precious resource.

While getting consistent and ongoing media coverage is essential for businesses, it is increasingly challenging due to the proliferation of wineries and dearth of established writers with ongoing columns. In other words, the days of being “discovered” and handed a strong fan base due to media coverage have passed.

Writers are not paid enough to research and discover, nor do they have time to do so. Wine brands that stand out in today’s world tend to get ongoing media coverage for three reasons: (1) They are already popular, often written about, and quick and easy for writers to review; and/or (2) They are easily found in the marketplace due to distribution; and 3) They spend advertising dollars with a media outlet. Many print and online publications rely on a pay-to-play system to survive in a post-Internet world. This leaves many small-production wineries out of the equation, and mostly for financial reasons.

Another aspect of branding is controlling your winery profiles on social media. I like to think of social media as Consumer PR. Have you claimed your profiles on all the relevant sites? I mean not only the obvious ones – Facebook, Twitter, Instagram, but also the travel itinerary, wine country mapping, wine rating and mobile app sites. Monitor, post and engage consistently.

Strategies

My feeling is that a balanced mix of direct-to-consumer marketing (direct sales in tasting room/club members and eCommerce), ongoing brand building (using media coverage in your marketing), and specialized targeted distribution options (online brokers, targeted states) are required to ensure success. Unless you have been established for a long period of time (5 years or more), a reasonable goal is 20-30% wholesale and 70% direct sales.

I’m been observing that my clients and other small do-it-all-yourself wineries are finally hiring marketing staff – DTC or Hospitality Managers – either from within the wine business or outside – experienced hospitality professionals (hotel and restaurant staff come to mind) are excellent hires. They understand the importance of the customer service experience and can quickly acquire sufficient wine knowledge. And they have direct experience with seated tastings, proven to generate higher sales per visitor. Give them a mobile POS and cut them loose.

Consider creating a staff position to manage your wine club, and choreograph the “customer path to join” with your staff. Why? Loyalty programs might be the saving grace for small producers. Revenue is recurring and mostly predictable. Members refer friends when treated well and their business is appreciated. Get a handle on this important revenue channel of your direct sales program while wine clubs are still viable.

Doing outreach and getting media exposure will continue to build awareness of your brand and unique market position to support these goals. Using third-party expert opinions (feature articles, wine reviews and scores) in your content marketing will help you to stay top of mind with your customers.

Despite our new 21st Century challenges, these are actually sunny days for the premium wines category. Get your Marketing and PR game on now, and bank enough Earned Media content to help you weather the more difficult times to come.

CARL GIAVANTI is a Winery Publicist with a DTC Marketing background, going on his 10th year of winery consulting. Carl has been involved in business marketing and public relations for over 25 years – originally in technology, digital marketing and project management, and now as a winery media relations consultant. Clients are or have been in Napa Valley, Willamette Valley, and the Columbia Gorge. (www.CarlGiavantiConsulting.com/Media).

Wine Labels 201: Protecting Your Design

By Brian D. Kaider

In the July/August Issue, The Grapevine published an article by attorney, Lindsey Zahn, entitled “Wine Labels 101: Navigating TTB’s COLA Process.” The article described the information that must be contained on the label as well as how the label gets approved for use.

This article will discuss how to protect the design of the label. Aside from the required information relating to contents, origin, etc., a label contains many creative aspects, including: brand names, logos, pictures, drawings, color schemes, unique label shapes, backgrounds, and fanciful descriptions of the winery and the product. But, in a crowded market, how can those elements be protected against copying by competitors? There are three tools available to wineries to protect their labels: trademarks, trade dress, and copyrights.

Much has already been written about trademark and trade dress protection. Essentially the winery name, the logo, and possibly the name of the wine (if it is a fanciful name rather than simply the name of the varietal), may all be registered as trademarks. Trade dress refers to the overall appearance of the product packaging, such as the size, shape, color, layout, and text of the label. As with trademarks, trade dress protection is designed to prevent consumer confusion as to the source of goods.

Far less has been written about copyright, however. In fact, few wineries have even attempted to register their labels for copyright protection; for good reason, it would seem.

What is a Copyright?

Copyright protects works of original artistic expression, such as books, paintings, sculptures, musical compositions, song lyrics, photographs, movies, and architectural structures. Unlike patents, which must be granted by the federal government to be enforceable, or trademarks, which must at least be used in commerce before rights attach, an author has copyright protection the moment an artistic work becomes “fixed in a tangible medium,” (e.g., when a photograph is taken, a painting is completed, or a composer transfers the notes in her head to the staff on a paper).

This protection obviously gives the author the right to prevent others from making copies of her work, but it also allows her to prevent others from performing, displaying, and distributing the work, or from making “derivative works” from her original. It is important to note that copyright only protects the artistic expression, not the underlying idea. So, for example, the theme that “the human conscience cannot bear the burden of guilt” is an abstract idea and not protectable by copyright. But, Poe’s The Tell Tale Heart is an expression of that concept and is protectable.

While copyright protection exists at the moment of creation, there are two steps that should be taken in order to enforce those rights. First, notice should be given of the claim to copyright protection. This can be accomplished simply by placing on the article: the copyright symbol, the year of first publication, and the name of the author or owner of the copyright (e.g., “© 2017, Hypothetical Winery LLC”). While this step is not required, failure to mark a work with such notice can complicate enforcement efforts, because the author will either have to prove that the person copying her work had actual notice of her prior work or the damages available to the author will be limited. Second, in order to sue an infringer, the copyright must be registered with the federal government. If the author waits until after an infringement occurs to register the work with the Copyright Office, her remedies will be limited to an injunction preventing further copying and her actual damages, which may be quite limited and difficult to prove. If the work is registered before the infringement, however, then the author may also be entitled to considerable statutory damages and her attorney fees incurred in the enforcement effort.

Are Wine Labels Eligible for Copyright Protection?

Given how much time and money is spent on branding agencies to develop aesthetically pleasing wine labels, one might think that every winery should rush out and file for copyright registration of all their labels. It turns out that whether a wine label is eligible for copyright protection is surprisingly complex and, in fact, courts have held that labels in general require a higher degree of originality than other creative works. This is because most of what a label contains is factual information, such as identification of contents, and expression dictated by utility, such as “refrigerate after opening.” Purely factual or utilitarian expression is not protectable, because it does not benefit society by adding to the body of artistic work and there are only so many ways to say “best if used by 12/4/2017.”

So, how much creativity is required for copyright eligibility? According to the U.S. Supreme Court, in its 1991 landmark Feist Publications, Inc. v. Rural Telephone Service Co., Inc. decision, the originality requirement is “not particularly stringent,” and other courts have found certain labels, such as the one on Pledge furniture polish, to be protectable. Where exactly that line is drawn, however, is subject to interpretation by the Copyright Office and the courts.

The following is an example of a label that would probably be refused copyright protection. Note the plain background, the use of standard fonts, and the symmetrical display of information. There is also no descriptive text, merely the information required of any wine label. While Mark Ryan Winery has secured a federal trademark for the “Dead Horse®” name, this label probably would not qualify for copyright registration.

This label from Darioush Khaledi Winery, LLC (and one of this author’s absolute favorite wines) is a closer call, but probably still not protectable as a whole. Note the distinctive font used in the Darioush name as well as the gold-colored image of the Persian King, Darius, holding an amphora. Both these elements are subject to valid trademark registrations. Though difficult to see in this image the hand-written word “Darioush” in raised lettering also appears across the label. These elements add a creative element to the label in both their appearance and arrangement, but may not elevate the entire label to the level of creativity required for copyright protection. As discussed below, however, they may independently be registerable.

This label from 3 Blind Moose Cellars, goes a few steps further. Note the non-standard font, the colors that match the background and highlights of the picture, the asymmetrical and unusual layout of the textual elements, and, of course, the illustration of three very cool, wine-drinking moose. Although the text is fairly sparse on this front label, it is one for which a reasonable argument could be made for copyright registration.

Worth noting, too, is the back label of this wine. Many wines provide a description of the wine, vineyard, history, or wine-making processes on their back labels. These descriptions are nearly always eligible for copyright protection. In this case, there is no doubt that the tongue-in-cheek descriptions and suggested food pairings (“hold the moose pie!”) are original works of authorship, worthy of registration.

Finally, this label from Stags Leap presents probably the strongest argument for copyright eligibility of a front label. Aside from the mandatory informational text, the label contains raised lettering representing creative prose. This should be sufficient to render the entire label protectable, but still it is possible that the Copyright Office would limit the protected portion to only the words themselves (assuming that this text is an original work of authorship and not copied from another source).

Who Owns the Copyright?

In the labels shown above, even if the entire labels are not eligible for copyright protection, some of their elements may. The picture of King Darius, the prose on the Stags Leap bottle, and, of course, those cool moose, are all original works of artistic expression eligible for copyright registration. Who may file for that registration, however, is not so simple. While it would be tempting to assume that the owner of the winery also owns those trademarks, that may not always be the case. Copyright protection is afforded to the artist who creates the work. If the winery owner herself created the work, then there is no issue. If the work is created by an employee of the winery, who is acting within the scope of that employment when creating the work, then it is a “work made for hire” and the employer is considered the author.

Most often, however, the winery will engage the services of a branding agency or an independent artist to create the artwork for its labels and/or the entire labels. In that case, it is the agency or artist who owns the copyright to the work. What this means from a practical standpoint is that the winery is very limited in what it may do with the artwork and the artist may be able to use the art for other purposes.

For example, if 3 Blind Moose Cellars commissioned an artist to create the picture for its label, the winery would be able to use the picture for its labels, but it could not put that picture on t-shirts to sell in its tasting room without permission from the artist. The artist, meanwhile, could sell that picture to companies making greeting cards, posters, mugs, or even other wineries.

So, when engaging the services of an agency or artist to create this type of work, it is essential that a written agreement clearly define the rights of both parties. In the ideal situation for the winery, the parties would agree that the artist assign ownership in the copyright to the winery. Absent an outright assignment, the next best option is an exclusive license. However, the scope of an exclusive license can vary significantly, because the bundle of rights associated with copyright is infinitely divisible.

For example, the winery might get an exclusive license to use the artistic work for wine labels, meaning the author could not allow any other winery to put the picture on a wine label, but they could license others to use it for t-shirts. The license could also be restricted geographically, so that the winery only had exclusive rights to use the work in the State of Texas or east of the Mississippi River. The license could be restricted in time such that the winery only had exclusive use of the picture for 10 years. Different aspects of the rights may be licensed separately, as well. So, the winery owner could have exclusive rights to make and distribute copies, but not the right to make derivative works.

The weakest protection would be a non-exclusive license. Not only would this mean that the artist could license its work to anyone else, including another winery, but a non-exclusive licensee has no standing to register the copyright in the work and no ability to sue others who infringe that copyright. The winery would have to rely on the artist to sue someone who used the copyrighted work without permission.

Considering the time, effort, and money put into branding and creating a commercially appealing label, wineries would be well-advised to seek the advice of a knowledgeable intellectual property attorney to develop a strategy for protecting that investment. Ideally, the attorney should be involved in the process of contracting with a branding agency or artist and conceptualizing the label elements.

Brian Kaider is a principal of KaiderLaw, an intellectual property law firm with extensive experience in the craft beverage industry. He has represented clients from the smallest of start-up breweries to Fortune 500 corporations in the navigation of regulatory requirements, drafting and negotiating contracts, prosecuting trademark and patent applications, and complex commercial litigation. bkaider@kaiderlaw.com, (240) 308-8032

Grape Purchase Agreements & Smoke Taint

By Brian D. Kaider, Esq. and Kenneth Y. Lo, Esq.


As I traveled to Sacramento for this year’s Unified Wine and Grape Symposium, I began writing this article, intending to focus on key provisions of Grape Purchase Agreements (GPAs) that parties should negotiate. But, upon arrival at the symposium, I spoke with other conference attendees and it became clear that one thing was on everyone’s minds – smoke taint.

Certainly, I had heard about the fires in October, but living on the East Coast, it was difficult to get any specific information about where the fires were located, what vineyards were affected, and the extent of the damage. I heard anecdotal bits of information from friends who live in the area and were reporting on the latest evacuations and there were, of course, some very dramatic videos posted on social media. But, it wasn’t until I spoke with grape growers, vintners, négociants, and insurance companies that I began to understand the scope of these fires. Or so I thought.

When the conference ended, my wife and I headed toward wine country. Over the course of three days, we visited more than a dozen wineries from the Oak Knoll District to Geyserville. Everywhere we went, there was evidence of the fires. We saw hillsides covered in black and entire neighborhoods destroyed. On one densely forested mountain road, the sickly stench of smoke still hung in the air, months after the fires were gone. In some areas, a house would be reduced to nothing but a cement slab and a chimney, while another house only a few feet away appeared untouched. It was unnerving and terrible and I offer my heartfelt condolences for those who lost their homes, their businesses, and in some tragic cases, their loved ones.

As devastating as these fires were, though, there were some bits of good news. First, with some unfortunate exceptions, the vineyards themselves were mostly spared from direct fire damage, acting as a firebreak that helped prevent further spread of the fires. Second, by the time the fires occurred, about 90% of the grapes in the area had already been harvested and research has shown that exposure of the vines to smoke will not affect the fruit in future harvests. Third, of the remaining grapes on the vine, very few were potentially exposed to smoke from the fires.

So, while only a very small percentage of the 2017 harvest was potentially affected by smoke taint, this season should be a wake-up call to the wine industry in two respects. Foremost, vintners and especially grape growers should recognize that the days of “handshake” deals are in the past. In most states an agreement to purchase grapes for more than $500 is unenforceable unless in writing. This means that without a written contract, a vintner could reject a grower’s fruit even if there was no reasonable threat of smoke exposure and the grower would have no recourse. Secondly, as will be discussed below, the issue of smoke taint is quite complicated and it is essential that the grape purchase agreement address this threat specifically.

With that backdrop, the remainder of this article will focus on areas of a Grape Purchase Agreement where smoke taint may be addressed.

Preamble and Recitals

One commonly overlooked section of a GPA is the Preamble and Recitals section. Typically, though, this is where the source of grapes to be purchased is identified. In some cases, it may be very general (e.g., “20 tons of Merlot grapes from XYZ Grape Grower’s vineyards”), in others very specific (e.g., “all Merlot grapes from XYZ Grape Grower’s Howell Mountain vineyard, Block 6, Rows 1-12”). It is often the vintners making high-end wines that request this level of specificity, because they want to highlight the attributes of a highly specific terroir. But, specificity here can also help with the issue of smoke taint. The grower may have 100 acres of vines, spread across four vineyards in vastly different locations. If the vintner knows that one of those four locations suffered significant smoke exposure and the other three had none, then knowing exactly where the grapes she contracted for are sourced is the first step to knowing whether to accept the grapes as-is or subject them to testing.

Quality

As with sourcing information, the quality of grapes to be delivered may be described with various levels of specificity. A general quality statement might simply require that the grapes be “sound, merchantable, and suitable for making a particular quality of wine.” More specific language may limit the amount of defects in the grapes, such as mold and rot, to less than one percent of the delivered fruit. Similar limitations may be placed on the amount of “material other than grapes” (MOG).

This section is also an opportunity to address the issue of smoke taint. Two of the most commonly tested markers for smoke taint are guaiacol and 4-methylguiacol. These are two of the many thermal degradation products of lignin (the large polymer depicted in the image at the top of this article), which are formed during forest and brush fires and contribute to smoke taint in wine. Unfortunately, when these molecules are absorbed into the skin of a grape, they bind with sugar molecules to form glycosides that are unnoticeable in smell or taste. In the acidic environment of fermented wine, however, these glycosides are oxidized and the volatile forms of the guaiacol phenols are released. The longer the wine sits, the more concentrated these volatile forms become and the more noticeable the unpleasant smoke flavor.

So, the quality section of the GPA may set limits on the amount of detectable guaiacol in the delivered grapes. Most effectively, this quality standard can be tied to the pricing and payment terms. For example, the quality section may specify that if the guaiacol level is below a certain threshold, the grapes will be accepted as is and according to the agreed pricing set forth in the GPA. If they are over that threshold, then a sliding scale of price adjustments will be put into place, reducing the price in accordance with the level of contamination. The language should include a maximum threshold over which the fruit will be rejected entirely. Because the guaiacol is in a bound form in the grape, the quality section may also provide for periodic testing beyond delivery of the fruit with suitable pricing adjustments in accordance with those later test results, as well. Note, however, that this may cause problems in California, due to the Berryhill Act, which requires final prices to be determined by January 10th in the year following the harvest. Accordingly, testing should occur as early as possible.

Ideally, as many phenols as possible should be tested, because while guaiacol and 4-methylguaiacol are good markers for exposure to smoke, meaning that a high level of guaiacol means there was probably significant smoke exposure, they are not good predictors of the sensory perception of smoke, because even if there are low levels of guaiacol, there may be high levels of other compounds that contribute to smoke flavor. The Australian Wine Research Institute (http://www.awri.com/au), for example, offers testing of both wine and grapes for the volatile and non-volatile precursors of guaiacol, 4-methylguaiacol, syringol, 4-methylsyringol, p-cresol, o-cresol, and m-cresol. Results are generally available in ten working days.

Who pays for the tests is also up to the parties. If the vintner is concerned with the threat of smoke taint, she may consider the testing part of the cost of doing business to ensure a certain quality of product. If the grower is convinced that there was no smoke exposure, she may elect to have her fruit tested before delivery to ensure she gets full-price. One way to address the matter in the GPA is to shift the cost according to the results. For example, if the vintner requests testing and it comes back negative, the vintner shoulders the cost of the test. If it comes back above a certain threshold, the cost is paid by the grower or subtracted from the price of the grapes if the fruit is accepted by the vintner.

Viticultural Control and Risk of Loss

In some cases, a GPA may simply require that the contracted grapes be grown in a manner that is “consistent with viticultural practices” for the particular location (e.g., Sonoma County). Often, however, the vintner will want more control over the farming practices, particularly for grapes destined for high-priced wines. As an example, vintners often prefer a later harvest date for the grapes, because the extra “hang time” on the vines allows the development of fuller, richer flavor and higher sugar concentrations in the berries. Growers, on the other hand, generally prefer an early harvest because late season rains may promote mold and the berries lose water weight as they ripen, which may affect the grower’s income if the contracted price is based upon tonnage rather than acreage. Typically, these issues are addressed in the GPA by setting a brix and/or pH level in the berries at which the grower will notify the vintner it is time for harvest. If the vintner elects to delay picking, all or some of the risk of loss in the crop will pass to the vintner.

The 2017 fires highlight another aspect to this conflict of interests. As noted above, about 90% of the grapes in the region had been picked before the fires. Of those that remained, if any had been delayed in the harvest according to a vintner’s request, that vintner should bear some responsibility for any smoke taint in those grapes. Accordingly, the GPA should specifically identify smoke taint as one of the threats to late-harvested grapes for which the vintner assumes the risk of loss.

Final Thoughts

Both grape growers and wine makers understand there are risks in this industry, including the possibility of wild fires. Generally, maintaining a positive relationship outweighs the concerns surrounding a single harvest and the parties work together to find a mutually satisfactory solution. In the event of a dispute, however, there are advantages to obtaining expert legal advice and opinions, incorporating the results of phenol testing, as to whether there are violations of express or implied contract conditions regarding the fruit’s suitability for winemaking. These formal legal opinions can make a party’s position more defensible and ensure that only warranted concerns are in play.

It is worth repeating that very little of the 2017 harvest was affected by the horrible fires in October. Nevertheless, while this event is still fresh in everyone’s minds, it is wise to reevaluate existing grape purchase agreements to see whether smoke taint is adequately addressed for the protection of both parties.

Brian Kaider and Kenneth Lo are principals of KaiderLaw, an intellectual property law firm with extensive experience in the craft beverage industry. They have represented clients from the smallest of start-up breweries to Fortune 500 corporations in the navigation of regulatory requirements, drafting and negotiating contracts, prosecuting trademark and patent applications, and complex commercial litigation

bkaider@kaiderlaw.com
(240) 308-8032

Endorsements Unique to the Wine Making Industry

By Brian Kennon, Midwest Winery Insurance

When I visit a winery for the first time, my number one priority is to first hand observe any exposures. I want to know the risks present for that particular winery. This is done by a number of steps, I meet with the owner and/or winemaker. We walk the facility and I am making notes of anything that might be of particular interest or concern to the underwriters. I have them complete a quick, but thorough supplemental questionnaire that gives me very specific information about their exposures. I also review their current policy for missing coverage or coverage gaps. There are concerns that are unique to wineries that deal with the different stages of the wine making process (with a few risks common to each stage)

1. Vineyard – growing the grapes (Extreme weather or natural disasters, insect infestation, plant disease, chemical drift).

2. Harvesting the grapes (mechanical failure, work comp for pickers).

3. Transporting the grapes (Grapes in transit are crushed).

4. Crushing and pressing (mechanical failure, contamination, leakage).

5. Fermentation (contamination, leakage, spoilage).

6. Clarification (contamination, leakage, spoilage).

7. Aging and bottling (contamination, leakage, spoilage).

You are probably noticing that contamination, leakage and spoilage are a common denominator with several of the steps. This is coverage that can, and should be, added as an endorsement to your insurance policy. Another overlooked endorsement specific to wineries is Wine Stock Market Valuation. Let’s break each of these down individually:

Wine Stock Market Valuation

An good winery policy will cover your wine from the time it is grapes on the vine to when it is finished product, bottled and on the shelf ready for purchase. Ideally, the wine will be valued at it’s finished sales price minus the cost not yet incurred (bottling, labeling, boxing, etc…) if it is still in the early production stages. I will review this again, in more detail, in the Wine Leakage endorsement

Wine Leakage

Wine Leakage should be addressed in a Wine Leakage Endorsement. During wine production, the wine is processed and then stored in numerous large stainless steel containers. Wineries will automatically have leakage exposure for the containers’ valves, fittings or hatches which can malfunction and the product ends up going down the drain. Most companies that offer winery coverage will give some type of “default” leakage exposure. I would venture to say it is not enough. I will look at the winery’s largest tank exposure and take their highest value wine. I will convert it to finished product selling price and use that figure for maximum leakage exposure. I will increase their minimum coverage to the converted maximum figure. This way there are no surprises if there is a worst case scenario with a leakage claim.

Wine Spoilage & Contamination

Wine Spoilage and Contamination should be addressed in a Wine Spoilage and Contamination Endorsement. This covers spoilage or process failure meaning, breakdown or service outage. Breakdown can cause a change in temperature or humidity resulting from mechanical breakdown or mechanical failure of refrigerating, cooling or humidity control apparatus or equipment.

Service outage causes a change in temperature or humidity resulting from complete or partial interruption of electrical power, gas or water supply, either on or off the described premises, due to conditions beyond your control.

Contamination can be caused by a contaminant introduced during the storage or during the processing or manufacturing operation of the wine making process. An example of this would be; stainless steel tanks are double-walled with glycol circulating between the two walls to take away heat and cool the juice. Pinholes, cracks or leaks can develop allowing the glycol to corrupt the juice or wine rendering it useless due to contamination.

As with Wine Leakage, I will look at the winery’s largest tank exposure and take their highest value wine. I will convert it to finished product selling price and use that figure for maximum leakage exposure. I will increase their minimum coverage to the converted maximum figure.

Equipmemnt Breakdown

Also known as boiler and machinery insurance, or mechanical breakdown insurance, equipment breakdown insurance helps cover:

The cost to repair or replace damaged equipment, including time and labor, lost income, spoiled inventory, and necessary expenses incurred during the restoration period.

There are five categories of equipment that equipment breakdown insurance typically covers:

1. Mechanical, which includes motors, engines, generators, elevators, water pumps and specialized production and manufacturing equipment.

2. Electrical, which includes transformers, electrical panels and cables.

3. Computers and communications, which includes computer systems, phone systems, voice mail systems, security systems and fire alarm systems.

4. Air conditioners and refrigeration systems

5. Boilers and pressure equipment

Equipment Breakdown
Coverage Examples

Equipment breakdown insurance is smart to have – even if you don’t own your own building, and especially if the success of your business is dependent upon properly-functioning equipment owned and operated by a key supplier, such as a local power company.

For example, if you own a pizza shop that depends on online orders, as well as walk-in customers, your business will suffer if the power goes out due to a power surge. A power outage could result in loss of heat or air, the inability to process online orders, as well as the inability to prepare, cook, serve and sell food. And if the power is out long enough, your food inventory could spoil.

In this example, equipment breakdown insurance may help pay for:

• Business income you lost while the power was out.

• The cost to repair your walk-in refrigerator and to replace a computer that were damaged by a power surge that occurred when the electricity was restored.

• Costs associated with the time and labor to repair and replace your damaged equipment.

• The cost to replace any spoiled food or product.

https://www.nationwide.com/what-is-equipment-breakdown-insurance.jsp

So, in a nut shell, Equipment Breakdown should pay to repair or replace the equipment as well as any business interruption costs that result from it.

Other Considerations

In my home state of Missouri, there are over 125 wineries. The majority of these wineries are smaller and rely on other larger wineries or farmers for products or services, such as grapes or unfinished juice, crushing, etc… These wineries must be careful because most of these farmers or larger winery’s policies will not cover the smaller winery’s offsite storage inventory or winery operation. This would also include liability.

Another very important coverage that may need to be considered is worker’s compensation. Ask your agent what the state requirements are for worker’s compensation to see what coverage would work best for you.

In closing, you should take a look at your current policy and make sure you’ve got the appropriate endorsements to cover loss of wine due to spoilage, contamination or leakage. Equipment Breakdown is another area you should have covered. If you have any questions, contact your agent and set up a policy review. Not every company will underwrite a winery, properly. Look for a carrier with expertise in the winery business. If they properly cover a winery, you should have the endorsements I covered in this article, that are basically exclusive to vineyards and wine production. If they don’t, you will have a problem when you submit a claim. Remember not to choose a carrier based solely on price. Premium is an important part of the policy, just don’t make it your sole deciding factor in choosing.

If you have any questions or concerns about your current policy contact Brian Kennon at…
gbkdysart@sbcglobal.net
660-886-6502

Wine Labels 101: Navigating TTB’s COLA Process

By Lindsey A. Zahn, Esq.


The label approval process is unique to the alcohol beverage industry; most traditional foods (such as cookies, pasta, and sugar) are not subject to government pre-approval before being sold at market. Indeed, well before a wine reaches a store’s shelves or the hands of a consumer, the federal—and possibly even the state—government played a significant role in what must, what can, and what cannot appear on a wine label.

The other unique aspect about wine labels—in comparison to distilled spirit or malt beverage labels—is that while most wine labels are subject to the labeling jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau (TTB), wines under 7% alcohol by volume fall in the labeling jurisdiction of the Food and Drug Administration (FDA). Of course, wines in FDA’s jurisdiction encounter different types of requirements. (For more information, see my prior article in Beverage Master from December 2014 titled “When FDA Takes Control: What Alcohol Beverage Companies Need to Know About the FDA.”) This article focuses on the key elements that must be present on a wine label that falls under TTB’s labeling jurisdiction.

What Does the COLA Process Entail?

An approved label is called a Certificate of Label Approval (COLA). A COLA is required for a product to be sold in interstate commerce (i.e., across state lines or when a product is imported into the U.S.); if a product is being sold only in one state, it may qualify for a COLA Exemption.

Label applications can be submitted to TTB either through paper or through TTB’s electronic system (COLAs Online). Nowadays, most labels are submitted online as opposed to paper applications, which can entail a significant amount of back-and-forth (such as providing explanations to Needs Correction requests, etc.). However, the processing time can vary significantly depending on the time of year, amount of applications TTB receives, and even by labels. A more challenging label may encounter longer processing time, as the specialist assigned to the label application may need to conduct research or look into particular concerns.

When submitting a wine label application to TTB online, one can upload images of the labels. It is usually best to use JPEG format with high resolution (300 dots per inch or more). The applicant must upload images of all the labels that area affixed to the container when the bottle is sold at market. Once submitted, a label application may be approved, rejected, or come back with the “Needs Correction” status. The latter indicates that TTB either needs more information and clarifications or that the label will need editing.

When labels are approved, they appear on a public database that is viewable by anyone. Unlike formulas (or recipes) submitted to TTB, an approved label can be viewed on TTB’s Public COLA Registry. Currently, we can view labels submitted 15 years ago or more (with some limitations).

What Must Appear on a Wine Label?

Wine labels must contain, at minimum, certain statements and information. These typically include the following:

1. A brand name;
2. Class or type statement;
3. Government Warning Statement;
4. Name of the bottler along with the bottler’s address as it appears on the bottler’s TTB permit (in the case of domestic wines) or name of the importer and importer’s address as it appears on the importer’s TTB permit (in the case of imported wines);
5. Alcohol by volume statement;
6. Net contents statement;
7. Sulfites declaration; and
8. Country of Origin (for imported wines).

The brand label of a wine label is required to contain a brand name along with the class, type, or other designation of the wine. The brand name is usually the name under which the wine will be marketed, such as “ABC Winery” or similar. The class/type statement will vary depending on what the wine is, but includes statements similar to, “RED WINE,” “WHITE WINE,” “ROSE WINE,” “RED TABLE WINE,” “WHITE TABLE WINE,” “RED DESSERT WINE,” and similar.

For a domestic wine, the name and address of the bottler must be included on the label. Per 27 CFFR 4.35(a), the language “Bottled by” or “Packed by” is generally included before the name and address of the bottler. Additional, optional language such as, “Blended by” or “Distributed by” may be included in addition to the bottler statement provided that the information is truthful and not misleading.

Imported wines require that the label include the name and the address of the importer on the label. 27 CFR 4.35(b) requires that the language “Imported by” must precede the importer’s name and address. Additional language may be required or permitted depending on the wine’s exact process.

27 CFR 4.36(a) mandates that an alcohol by volume statement appear on the label of wines containing more than 14% alcohol by volume. For wines at or below 14% alcohol by volume, the alcohol by volume statement may be optional provided that the type designation “table” wine (or “light” wine) appears on the brand label. On most wine labels, it is common to see the alcohol content statement regardless of whether or not the wine is at or below 14% alcohol by volume. The statement generally appears as, “Alcohol __ % by volume” or “__% Alcohol by Volume” or “__% Alc./Vol.” or similar.
The remaining mandatory statements can generally appear anywhere on the label with some exceptions. The Government Warning Statement is mandated by 27 CFR 16.21 and is required on both domestic and imported wine labels. On your standard 750 mL wine bottle, the statement must appear in a minimum of 2 millimeter font and be no more than 25 character per inch. It must also be separate and apart from all other information.

The net contents statement is mandatory label information unless it appears “blown, etched, sand-blasted, marked by underglaze coloring, or otherwise permanently marked” into the glass bottle (in which case you must note such on the application). 27 CFR 4.37(c). Wine bottles can come in various sizes, but the container must conform with standards of fill designated in 27 CFR 4.72(a)-(b).
A declaration of “Contains Sulfites” is required to appear on a wine label if the wine contains 10 parts per million or more of sulfites. The maximum amount of sulfites that can be present in wine is 350 parts per million. 27 CFR 4.22(b)(1). Different standards apply if the wine is organic or 100% organic.

For imported wines, 19 CFR 134.11 requires the labels be marked in a conspicuous place with the country of origin of the article at the time of importation in to the United States.

What is Some Optional Information that Can be Included on a Label?

Optional information on a wine label included vintage years. Vintage years are optional, but if they are used, the wine label must indicate an appellation of origin (a country, state, city, viticultural area, or foreign equivalents). The appellation must be shown in direct conjunction with the class or type designation.

Winemakers may also wish to include a grape variety or multiple grape varieties on a label. Naming a grape variety will trigger the wine label to require an appellation of origin. If naming one grape variety, TTB requires that the wine must be made from at least 75% of the grapes named. If naming two or more grape varieties, the percentage of each grape name must be listed and the total percentages must add up to 100%. There may be other requirements depending on where the wine is produced, so always check local laws to make sure.

Another option is to list an appellation of origin on the label (without a vintage year or grape variety) or an American Viticultural Area (AVA). If using an appellation of origin like a country or state, 75% of the wine must come from the labeled appellation of origin. If using an AVA, at least 85% of the grapes used to produce the wine must come from within the boundaries of the named area. Of course, there may be more specific requirements depending on the wine’s origin. For example, some states, like California, may have stricter requirements when using a particular appellation or AVA.

Of course, there are many other claims or information that can be included on a label, such as organic, gluten free, or even background information about the winery. There are certain regulations or requirements that must be complied with or met for a winery to state such information or claims. For more information, talk to your alcohol beverage attorney on what may or may not be said on a wine label.

Lindsey A. Zahn, Esq. is an alcohol beverage and food attorney at Lehrman Beverage Law, PLLC. Ms. Zahn has previously counseled wine, beer, and spirits companies on licensing and compliance, federal and state labeling, customs regulations, supplier agreements, and advertising and promotions. She has also filed new grape variety petitions with TTB on behalf of her clients. She is an award-winning author on wine law, publishes a leading wine law blog called On Reserve: A Wine Law Blog, and has traveled to over a dozen wine regions in the U.S. and Europe. Additionally, she has given talks and instructed classes on wine law throughout the country and in France. In 2014 and 2015, her blog was nominated as one of the Top 100 Legal Blogs by the ABA Journal.