One of the most frequently overlooked — yet critically important — requirements on alcohol beverage labels is the federal Government Warning Statement.
Although the statement itself appears straightforward, we regularly encounter labels containing formatting errors, punctuation mistakes, improper placement, or incorrect font sizing. These seemingly minor issues can result in delays during the label approval process or create compliance concerns once products enter the marketplace.
What Is the Government Warning Statement?
Federal law requires most alcohol beverages containing 0.5% alcohol by volume or greater and intended for sale in the United States to bear the Government Warning Statement.
The warning is intended to inform consumers about:
- Risks associated with alcohol consumption during pregnancy; and
- The dangers of operating vehicles or machinery while under the influence of alcohol.
The exact wording of the statement is prescribed by federal regulation and generally may not be altered.
The statement reads as follows:
GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.
Formatting Requirements Matter
TTB regulations contain very specific requirements regarding how the Government Warning Statement must appear on a label.
Among other things:
- The words “GOVERNMENT WARNING” must appear in capital letters and bold type;
- The remaining text may not appear in bold type;
- The statement must appear separate and apart from other label information; and
- The text must remain legible and conspicuous to consumers.
We frequently see labels with:
- Misspelled words;
- Missing commas or punctuation;
- Incorrect capitalization;
- Improper bolding; or
- Modified language that does not match the regulatory text.
Because the wording is prescribed by regulation, even small deviations can create compliance issues.
Placement and Visibility Requirements
The Government Warning Statement may generally appear on either the front or back label, although it is most commonly placed on the back label.
Importantly, the statement must:
- Appear on a contrasting background;
- Be readily legible under normal viewing conditions; and
- Not be obscured by other design elements or graphics.
Design-heavy labels sometimes create unintended legibility problems, particularly where metallic finishes, dark backgrounds, textured materials, or highly stylized fonts are used.
Font Size Requirements
The required type size for the Government Warning Statement depends on the size of the container.
For many standard-sized containers, including typical 750 mL bottles, the warning statement generally must:
- Be at least 2 millimeters in height; and
- Meet minimum character-per-inch requirements under federal regulations.
Different container sizes may require different formatting specifications, and companies should carefully review the applicable requirements before finalizing artwork.
Common Compliance Issues We See
Some of the most common Government Warning Statement issues include:
- Incorrect or altered wording;
- Improper bolding;
- Font sizes that are too small;
- Lack of sufficient contrast;
- Placement too close to other mandatory information;
- Illegible text due to artwork design; and
- Failure to update labels after resizing or redesigning packaging.
Because these issues are often discovered late in the production process, they can lead to costly label revisions, production delays, or the need to reprint packaging materials.
How Our Firm Assists Alcohol Beverage Companies
Lindsey Zahn P.C. regularly advises alcohol beverage industry members on:
- TTB label compliance;
- COLA preparation and review;
- Mandatory statement requirements;
- Packaging and artwork compliance analysis;
- Advertising and marketing review; and
- Regulatory risk assessments before product launch.
Conducting a compliance review before labels are finalized can often help identify issues early and reduce the risk of costly revisions after production.
If you are creating an alcohol beverage label or have questions about labeling requirements, we invite you to contact our team to discuss how we can support your business.
📩 Email us at info@zahnlawpc.com
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