As consumer demand for non-alcoholic wine continues to grow, wineries and beverage companies are increasingly expanding their portfolios to include products containing less than 0.5% alcohol by volume (ABV). While these products may resemble traditional wine, they are often subject to a very different regulatory framework.
Understanding the applicable labeling requirements before printing labels or launching a new product can help avoid costly revisions, delayed product launches, or enforcement issues.
This article provides a general overview of labeling considerations for non-alcoholic wine products sold in the United States.
Are Non-Alcoholic Wines Regulated by the TTB or FDA?
One of the most common misconceptions is that all wine labels are regulated by the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). In reality, many non-alcoholic wine products fall under the jurisdiction of the U.S. Food and Drug Administration (“FDA”).
Generally speaking, if a wine product contains less than 0.5% ABV, it is typically regulated by the FDA rather than by the TTB. This means the product is generally subject to FDA food labeling requirements instead of TTB Certificate of Label Approval (“COLA”) requirements.
Because the applicable regulatory framework depends on several factors, companies should carefully evaluate which agency has jurisdiction before developing product labels.
Common FDA Label Requirements
Although the specific requirements depend on the product, FDA-regulated non-alcoholic wine labels commonly include:
- A statement of identity describing the product;
- The net quantity of contents;
- A complete ingredient statement (unless an exemption applies);
- A Nutrition Facts panel, unless exempt;
- A declaration of major food allergens, if applicable;
- The name and place of business of the manufacturer, packer, or distributor; and
- Any other mandatory information required under the Federal Food, Drug, and Cosmetic Act and FDA regulations.
Failure to include required information—or presenting mandatory information incorrectly—can render a product misbranded.
Selecting an Appropriate Product Name
Choosing the correct statement of identity is an important part of label development.
Depending on how the product is produced, the product name may need to accurately describe the product’s nature and characteristics. Marketing terms should not mislead consumers regarding the product’s alcohol content or production process.
Brand owners should also carefully consider how terms such as “non-alcoholic,” “alcohol removed,” “dealcoholized,” or similar statements are presented, as the appropriate terminology may depend on the product and applicable regulations. The FDA maintains a Compliance Policy Guide on references to “non-alcoholic,” “alcohol removed” and “dealcoholized” and how the agency regulates these terms.
Nutrition and Ingredient Labeling
Unlike many TTB-regulated alcoholic beverages, FDA-regulated non-alcoholic wine products are generally required to include:
- A Nutrition Facts panel;
- An ingredient list; and
- Allergen labeling, if one or more major food allergens are present.
The formatting and placement of these elements are governed by detailed FDA regulations.
Claims Require Careful Review
Marketing claims are often one of the most heavily scrutinized aspects of a label.
Examples include:
- “Clean”
- “No Added Sugar”
- “Low Sugar”
- “Sugar Free”
- “Low Calorie”
- “Organic”
- “Gluten Free”
- “Vegan”
These and similar claims may be subject to specific FDA regulations or guidance, or may require adequate substantiation to ensure they are truthful and not misleading.
Even if a claim is technically accurate, the overall context of the label and advertising should not create a misleading impression for consumers.
Health and Wellness Claims
Brand owners should exercise particular caution when making statements relating to health or nutrition.
Claims suggesting that a product may prevent disease, improve health, or provide therapeutic benefits may be regulated differently than general marketing statements and could trigger additional regulatory concerns.
Any express or implied health-related claims should be carefully evaluated before appearing on product labels or in marketing materials.
Country of Origin and Other Required Information
Imported non-alcoholic wine products may be subject to additional requirements, including country-of-origin marking under U.S. Customs and Border Protection rules.
Depending on the product and distribution channels, additional federal or state requirements may also apply.
State Law Considerations
While FDA regulations govern many labeling requirements, companies should not overlook applicable state laws.
Certain states impose additional requirements relating to registration, product distribution, consumer protection, or marketing. Businesses launching products nationwide should evaluate whether state-specific compliance obligations apply before entering new markets.
Common Labeling Mistakes
Some of the most common compliance issues include:
- Assuming all wine products require a TTB COLA;
- Using an inaccurate or misleading statement of identity;
- Omitting required Nutrition Facts or ingredient information;
- Making unsupported marketing or health claims;
- Failing to review labels for FDA compliance before printing; and
- Overlooking state-specific requirements.
Identifying these issues early in the label development process can help avoid costly redesigns and delays.
How Lindsey Zahn P.C. Can Help Non-Alcoholic Wine Brands
Lindsey Zahn P.C. assists wineries, importers, beverage companies, and brand owners with FDA and alcohol beverage regulatory compliance. Our firm regularly advises clients on:
- FDA labeling requirements for non-alcoholic wine products;
- Product classification and regulatory jurisdiction;
- Label reviews and compliance assessments;
- Ingredient and Nutrition Facts requirements;
- Advertising and marketing claims;
- State registration requirements; and
- Ongoing regulatory compliance.
Our label reviews identify required changes, potential legal risks, and other compliance considerations before products go to print, helping businesses navigate the complex regulatory landscape.
Contact Lindsey Zahn P.C.
If you are developing a non-alcoholic wine product or would like your labels and marketing materials reviewed before launch, Lindsey Zahn P.C. is here to help.
Contact our office to learn more about our FDA labeling review services and regulatory compliance counseling for wineries, beverage manufacturers, importers, and brand owners.
📩 Email us at info@zahnlawpc.com
🔗 Visit our Contact Page to get started.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Because every situation is unique, you should consult qualified legal counsel regarding your specific circumstances.