Most food and beverages are regulated by the Food and Drug Administration (FDA). But alcohol is different. Labels are primarily regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB).
While alcohol does not need to follow the FDA’s requirement to carry a Nutrition Facts panel, the TTB’s proposals would see alcohol labeling come closer to non-alcoholic beverages.
The TTB’s proposals – published on January 17 – were initially open to public comment for 90 days.
Since then, an ingredient rule proposal (which would have explored required ingredient labeling) has been withdrawn.
While ingredient labeling is off the table, proposed rules on a mandated Alcohol Facts panel and allergen information remains.
However, this week the TTB announced it would extend the comment period on these two proposed rules beyond the initial deadline of April 17, 2025.
Two rules to consider
The first proposed rule from the TTB would require the disclosure of per-serving alcohol, calorie and nutrient information in an ‘Alcohol Facts’ statement.
The second would require disclosure of major food allergens. That would include milk, eggs, fish, shellfish, tree nuts, wheat, peanuts, soybeans and sesame.
Businesses and other stakeholders now have until August 15, 2025, to respond.
Consumers are increasingly interested in having more information about what they eat and drink, with this drive towards transparency seen across food and beverage.
Europe has already made considerable moves in this direction when it comes to alcohol labeling, and now the US appears to be on the same path.
While industry groups welcome the move towards transparency, they also point out that alcohol already is subject to many strict rules and regulations. Furthermore, small businesses will need particular support to comply with any new rules.
The comment period has been extended at the request of nine industry organizations: Wine Institute, Distilled Spirits Council of the United States (DISCUS), Beer Institute, Brewers Association, National Beer Wholesalers Association (NBWA), Wine and Spirits Wholesalers of America (WSWA), WineAmerica, American Craft Spirits Association (ACSA), and American Distilled Spirits Alliance (ADSA).
They say they need more time to evaluate the proposals: particularly given the length, detail and potentially large impact of the rules.
“We were pleased that TTB provided additional time to provide comments on these proposals, which will allow for a more detailed analysis and consultation with the thousands of distillers of all sizes that will be impacted,” a spokesperson for the Distilled Spirits Council of the US told us.
Key questions the TTB is asking
1. Do consumers believe that they are adequately informed by the information currently provided on alcohol beverage labels?
2. Is alcohol content per serving, and nutritional information (such as calories, carbohydrates, protein, and fat) per serving important for consumers in deciding whether to purchase or consume a particular alcohol beverage?
3. What types of per-serving nutritional information, such as calories, carbohydrates, protein, and fat, should be included?
4. Would requiring this information on labels be expected to increase the cost of the products and, if so, by how much? To what extent are businesses already following voluntary guidelines for this information? Could QR codes be used?
5. How would any new mandatory labeling requirements particularly affect small businesses and new businesses entering the marketplace?
But not everyone is happy about the extension.
The Center for Science in the Public Interest (CSPI) has been pushing for more information on alcohol for decades.
Christina LiPuma, a policy associate on CSPI’s Regulatory Affairs team, said: “Nearly all other products we consume are required to provide consumers with basic labeling that is vital to health and safety including calories, allergens, ingredients, and nutrition. Alcohol shouldn’t be exempt.
“The comment period extensions, granted at the request of the alcohol industry trade associations, only serve to further delay long overdue access to information that consumers want and need.”
