Alcohol-free wine is increasingly becoming a go-to option for many consumers. With some folks embracing an alcohol-free life or even a "Dry January," alcohol-free wine remains a great choice for many. It is no surprise that alcohol beverage companies are seeking to enter or expand their presence in this unique sector of the beverage alcohol industry.
In a recent notice of proposed rulemaking published by TTB in the Federal Register, the agency proposes to add a standard of identity for Single Malt Whiskey for distilled spirits. Presumably, if the rule is finalized, this would alter 27 CFR 5.143 to add an additional class/type to the whiskey class.
TTB also published a notice of proposed rulemaking with respect to labels of wine containing distilled spirits. Currently, most wine labels of fortified wine products are prohibited from mentioning that the wine contains distilled spirits.
In a recent notice of proposed rulemaking published by TTB in the Federal Register, the agency proposes to change the standards of fill for wines and (potentially) for distilled spirits. The proposed rule calls for ten (10) additional authorized standards of fill for wine (e.g., 180 mL, 300 mL, 330 mL, 360 mL, 550 mL, 620 mL, 700 mL, 720 mL, 1.8 L, and 2.25 L). Alternatively, the agency is also considering eliminating all but a minimum standard of fill for wine containers and all but a minimum and maximum standard of fill for distilled spirits containers. The notice can be accessed here.
In April, TTB clarified its position with respect to the use of the term “clean” on wine labels and advertisements. To date, there are no formal rules or regulations that discuss “clean” and TTB’s clarification is not a legal ruling nor has it defined the term. The agency indicated that consumers should not read the phrase “clean” to mean that the wine is organic or that it has met production standards set by TTB.
Significant changes occurred in March this year with respect to 27 CFR Part 5 (the federal regulations which govern distilled spirits labeling and advertising). This is “Phase 2” of a three-phase change. In “Phase 2,” much of Part 5 was reorganized with changes effective March 11, 2022.
Firm Blog
News on TTB, FDA, and state rules that affect wine, beer, spirits, and food businesses, from Lindsey Zahn P.C.