Hard seltzers have surged in popularity over the past few years, appealing to consumers who prioritize flavor variety, low-calorie options, and modern branding. But behind the bubbly trend lies a complex regulatory framework that every producer must navigate—especially when it comes to labeling.
Whether you’re a startup brewery or a seasoned alcohol beverage company diversifying into hard seltzer, it’s essential to understand how your product will be regulated and what that means for your labels.
Who Regulates Hard Seltzer Labels: TTB or FDA?
Not all hard seltzers are created—or regulated—equally. The determining factor often comes down to how the beverage is made.
- Sugar-Based Hard Seltzers (No Malt): If your product is made from fermented sugar and contains no malted barley or hops, it’s not classified as a “malt beverage” under federal law. While it may still be considered a beer for production purposes, labeling falls under the jurisdiction of the Food and Drug Administration (“FDA”)—not the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). These products must follow the FDA’s food labeling regulations in 21 CFR Part 101, which require components like a Nutrition Facts Panel and Ingredient Statement. Importantly, the FDA does not require pre-market label approval.
- Malt-Based Hard Seltzers: If your hard seltzer contains malted barley and hops, it typically qualifies as a “malt beverage” under the Federal Alcohol Administration Act. In this case, TTB governs the labeling, and you’ll need to obtain a Certificate of Label Approval (“COLA”) before introducing the product to market. These labels fall under 27 CFR Part 7, with fewer mandatory disclosures like nutrition facts.
Why the Difference Matters
Failing to classify your product correctly could lead to costly delays or regulatory penalties. While the FDA’s approach might sound simpler—no pre-market approval—the agency’s label requirements can be far more rigorous for first-time producers. Missteps like incorrect formatting or missing allergen disclosures could result in product recalls or enforcement actions.
And regardless of who regulates your label, if your business is producing hard seltzer commercially, your company generally must obtain a TTB Brewer’s Notice. This applies whether your product is FDA- or TTB-labeled.
Common Pitfalls in Hard Seltzer Labeling
Even well-intentioned producers can run into trouble when navigating the labeling requirements for hard seltzers. The overlapping jurisdictions of the TTB and FDA, paired with different formatting and disclosure rules, create room for error—especially if you’re unfamiliar with regulatory nuances. Below are some of the most common mistakes we see:
- Incorrect jurisdiction (label submitted to TTB when FDA applies, or vice versa)
- Missing mandatory statements (e.g., ingredient list for FDA labels)
- Failure to comply with FDA formatting rules
- Use of unapproved claims or graphics
- Printing labels before legal review
How Lindsey Zahn P.C. Can Help
At Lindsey Zahn P.C., we help alcohol beverage producers across the country comply with complex labeling and regulatory requirements. Our team can:
- Advise whether your hard seltzer label falls under TTB or FDA jurisdiction
- Review and revise labels before printing or submission
- Assist with obtaining a Brewer’s Notice
- Provide guidance on alcohol beverage compliance from formula development to marketing
If you’re unsure which path to follow—or if you’re in the process of launching a new beverage—contact us today to schedule an initial consultation. We’ll walk you through what’s needed so your product is ready for market and compliant from the start.
📩 Email us at info@zahnlawpc.com
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