Hard seltzer has rapidly gained popularity among consumers and producers alike. Its appeal comes from diverse flavor profiles, lower calorie options, and innovative product offerings. With this growth, anyone producing hard seltzer must carefully consider the complex regulatory landscape—especially when it comes to product formulations and labeling.
At Lindsey Zahn P.C., we understand that regulatory compliance is critical in the alcohol beverage industry, and it is particularly nuanced for hard seltzer due to how the product is made and classified.
Does Hard Seltzer Require TTB or FDA Labeling?
Determining whether your hard seltzer product falls under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) or the Food and Drug Administration (“FDA”) depends primarily on the ingredients and production method.
There are generally two ways hard seltzers are produced:
- Brewed Sugar Base (No Malt): If your hard seltzer is made using brewed sugar without malt derivatives, it is not classified as a “malt beverage” under TTB regulations. While still considered “beer” for excise tax purposes, these products are regulated under FDA labeling rules (21 CFR Part 101) rather than TTB’s labeling requirements (27 CFR Part 7). However, such domestically-produced products remain subject to TTB’s beer production regulations (27 CFR Part 25).
- Brewed Malt Base: If your product is brewed using malt (often a clear malt base), it qualifies as a malt beverage. In this case, the product falls under the TTB’s labeling jurisdiction and requires pre-market approval through a Certificate of Label Approval (“COLA”).
Note: Given the innovative nature of the hard seltzer category, some industry members choose to use a wine, distilled spirits, or even cider base for their hard seltzer products. Those products are regulated as traditional wines or distilled spirits and are not the topic of this article. This article focuses on the traditional hard seltzers that are produced either through a brewed sugar or a brewed malt base.
Key Differences Between TTB and FDA Labeling
- TTB Labels: Require pre-approval before the product goes to market through the COLA process.
- FDA Labels: Do not require pre-market approval, but must comply with strict labeling rules, including a Nutrition Facts Panel and Ingredients Statement.
While FDA labeling may seem simpler because it bypasses the COLA process, compliance with FDA regulations can be complex, especially for producers unfamiliar with food labeling requirements. Non-compliance risks both regulatory penalties and financial consequences.
Why Work with an Alcohol Beverage Law Firm?
Given these complexities, Lindsey Zahn P.C. strongly recommends that hard seltzer producers consult with regulatory and legal experts to review product labels before printing and marketing. We offer tailored label review services and ongoing regulatory support to help ensure your product complies with applicable TTB and FDA rules.
Additional Considerations
Regardless of labeling jurisdiction, companies that are bottling or packaging hard seltzer must maintain a valid Brewer’s Notice with the TTB. For more details on licensing and compliance, you may reach out to Lindsey Zahn P.C.
How Lindsey Zahn P.C. Can Assist Your Hard Seltzer Business
Our firm specializes in helping alcohol beverage producers navigate federal and state regulatory requirements, including:
- Applying for federal permits and state licenses
- Advising on TTB and FDA labeling compliance
- Ongoing regulatory counseling tailored to your business model
Contact Lindsey Zahn P.C. today for a complimentary consultation by emailing info@zahnlawpc.com or calling 929-ZAHNLAW (929-924-6529).