Wines and ciders under 7% alcohol by volume, beers not made with malted barley and hops, and many non-alcoholic and dealcoholized products are labeled under FDA rules, not TTB rules. Lindsey Zahn P.C. advises on which agency governs your product and makes the label, nutrition panel, and ingredient statement compliant.
Most alcohol beverage labels are regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB), but not all. The U.S. Food and Drug Administration (FDA) regulates the labels of wines and hard ciders under 7% alcohol by volume, alcohol-removed (dealcoholized) wines and non-alcoholic wines. FDA rules also apply to beers that do not meet the federal definition of a malt beverage, such as gluten-free beers and hard seltzers made from a sugar base rather than malted barley and hops.
FDA-regulated labels look much more like packaged-food labels. Among other differences, they need a Nutrition Facts panel, an ingredient statement, and a statement of identity. Unlike TTB’s COLA process, FDA generally does not review labels before products reach the market, so it is up to the supplier to make sure labels, labeling, and advertising comply. Lindsey Zahn P.C. works with alcohol beverage companies whose products fall under FDA jurisdiction to get them right before launch.
What Counts as a Malt Beverage?
Under the Federal Alcohol Administration Act, a malt beverage is made by fermenting an infusion or decoction of malted barley with hops, with or without other malted or unmalted cereals and other ingredients (27 U.S.C. § 211(a)(7)). Beers outside that definition, including many gluten-free beers and sugar-based hard seltzers, are labeled under FDA rules.
How the Firm Helps
- Draft and file Small Business Nutrition Labeling Exemptions for qualifying products
- Review Nutrition Facts panels for formatting, rounding, and other errors
- Advise on health claims and structure/function claims
- FDA food facility registration, renewals, and exemption eligibility
- Advise on the scope of FDA’s jurisdiction and assess the risk of non-compliant practices
- Support your marketing and design team as the label is developed
Process and Timeline
- Intake. You share the product, formula, and draft label and your timing.
- Review. The firm checks it against federal rules and the rules of each state involved.
- Recommendations. You receive written comments with specific, practical fixes, not just a list of problems.
- Ongoing support. Questions that come up later go to the same lawyer who knows your business.
You get a turnaround date at the start of each review. Urgent launches and campaigns can be prioritized when scheduled in advance.
Recent Representations
- Advised an importer on FDA labeling compliance for alcohol-removed wines
- Helped a hard kombucha company and a hard seltzer company revise labels to meet federal food labeling rules
- Guided the design of hard cider labels for a product under 7% alcohol by volume
- Advised a cidery on eligibility for the Small Business Nutrition Labeling Exemption
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Who regulates labels for wine under 7% ABV?
The FDA, not TTB. Wines and hard ciders under 7% alcohol by volume, dealcoholized wines, and non-alcoholic wines follow FDA food labeling rules.
Does FDA approve labels before sale?
Generally no. Unlike TTB’s COLA process, FDA does not usually review labels before products reach the market, so the supplier is responsible for compliance.
Do these products need a Nutrition Facts panel?
Generally yes, unless an exemption applies, such as the Small Business Nutrition Labeling Exemption. The firm can determine eligibility and file it.