A hard seltzer’s base, whether malt, sugar, spirits, or wine, decides which permits it needs and whether TTB or FDA governs its label. Lindsey Zahn P.C. helps hard seltzer brands and producers choose a compliant structure and get the formula and label approved.
TTB has no formal definition of hard seltzer, so producers have built products on many different bases. Many fall within the beer or malt beverage categories, while others use a distilled spirit or wine base, and sugar-based seltzers are often labeled under FDA rules. The base you choose shapes your permits, formulas, and labels.
Lindsey Zahn P.C. helps hard seltzer brands choose the right TTB permit for their business model and label products correctly under TTB or FDA rules. In this category, details and ingredients matter.
How the Firm Helps
- Determine the right federal TTB permit for your business
- Draft and file the federal basic permit application with TTB
- Update and amend TTB permits
- Draft and file state license applications, and keep them current
- Draft and submit formulas to TTB when required
- Review labels for federal compliance and represent you before TTB during the COLA process
- Review hard seltzer labels for compliance with FDA food labeling rules
- Provide ongoing compliance guidance
Process and Timeline
- Plan the right structure. The firm maps your products and sales plans to the federal permit and state licenses you need.
- Federal permit. The firm prepares and files the permit that matches your seltzer’s base with TTB.
- State licensing. The firm prepares the state license, including New York State Liquor Authority filings for New York businesses.
- Formulas and labels. Before launch, the firm handles formulas, label review, and COLAs so products can ship on time.
Federal and state applications can often be prepared in parallel. Plan for agency review on both before your opening or launch date, and file labels and formulas once your permits are on track.
Recent Representations
- Advised a hard seltzer brand owner on labeling a product subject to FDA jurisdiction
- Counseled a hard seltzer brand owner on permit and license requirements for its business model
- Drafted formula submissions for TTB approval
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Is hard seltzer regulated by TTB or FDA?
It depends on the base. Malt-based seltzers are generally TTB-regulated malt beverages, while sugar-based seltzers that are not malt beverages are generally labeled under FDA rules.
Does the firm work with businesses outside New York?
Yes. TTB and FDA requirements apply nationwide, and the firm represents clients across the United States on federal matters. It handles New York State Liquor Authority filings directly and advises on other states’ rules as your distribution grows.