The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) is revisiting its rulemaking on labeling alcoholic beverages with allergen information and Alcohol Facts, including per-serving alcohol content, calorie count, and nutrient details. In January 2025, TTB published Notice No. 238 and Notice No. 237 on the Federal Register, allowing for public comment. The details of each are summarized below.
In Notice No. 238, TTB proposes new rules requiring the mandatory labeling of major food allergens in alcoholic beverages. This initiative aims to provide consumers with essential allergen information on wine, distilled spirits, and malt beverage labels, helping individuals with food allergies make informed choices. A “major food allergen” is defined as any of the following: milk, egg, fish (e.g., bass, flounder, or cod), crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, soybeans, and sesame. (Notice No. 238 considers major food allergens to also include ingredients that contain proteins that derive from the above ingredients.)
Similarly, in Notice No. 237, TTB proposes a mandatory nutrient information statement on labels, titled “Alcohol Facts.” This section includes details such as serving size of the product, total servings per container, alcohol content, fluid ounces of pure ethyl alcohol per serving, calorie count and grams of carbohydrates, fat, and protein per serving.
Key Highlights of Both Notices
- Mandatory Allergen Labeling: TTB proposes amending 27 CFR 4.32, 5.63, and 7.63 to include allergen labeling requirements.
- Standardized Serving Size Definitions: The term “serving size” is defined as the typical amount consumed in a single serving, expressed in U.S. fluid ounces for uniform labeling. This amount serves as a reference to help consumers assess their alcohol, calorie, and nutrient intake, rather than as a suggested consumption. The proposed reference amounts are as follows:
Wine
- 7–16% alcohol by volume, 5 fl oz (148 mL)
- 16–24% alcohol by volume, 2.5 fl oz (74 mL)
Distilled Spirits & Malt Beverages
- not more than 7%, 12 fl oz (355 mL)
- 7–16% alcohol by volume, 5 fl oz (148 mL)
- 16–24%, 2.5 fl oz (74 mL)
- not more than 24%,1.5 fl oz (44 mL) or 50 mL (if bottled in that size)
Implementation Timeline & Compliance
A five-year implementation period is proposed from the date of the final rule. However, industry members will not be required to submit new COLA applications if the only label change is the addition of a major food allergen statement.
Impact on the Alcohol Industry
While these changes aim to enhance consumer trust and transparency, these may also introduce additional costs and regulatory burdens for the alcohol industry, particularly regarding label updates, product testing and compliance with new regulations. Navigating these changes requires a thorough understanding of both federal regulations to ensure full compliance.
The comment period for both proposals is open for 90 days and will close on April 17, 2025. A comment can be submitted online through the Federal Register.
For more information on wine and alcohol laws or assistance in reviewing and updating labels to comply with these proposed regulations, please contact Lindsey Zahn.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice