Non-alcoholic beverages are not just having a moment—they have become a movement. From spirit alternatives to dealcoholized wines to near beers to mocktails, the “NA” space is booming. But while many assume non-alcoholic means simple, the regulatory reality is far more nuanced.
Below are seven compliance considerations that producers, importers, brand owners, and other industry members should consider before bringing a non-alcoholic beverage to market.
1. “Non-Alcoholic” Doesn’t Always Mean Zero Alcohol
Under federal regulations, beverages containing less than 0.5% alcohol by volume (ABV) can generally be marketed as “non-alcoholic.” But that doesn’t mean they contain no alcohol. Products labeled as “alcohol-free” or “zero alcohol,” however, typically must be 0.0% ABV. This distinction matters—and mislabeling can trigger enforcement actions or consumer complaints.
2. Many Non-Alcoholic Products Are Considered “Food,” Not “Alcohol”
Because NA wines and spirits fall below 0.5% ABV, they are generally regulated by the FDA rather than the TTB. That means different rules for ingredient disclosures, nutrition facts, allergen statements, and claims. Even if a product looks alcoholic (like an NA spirit or wine), its regulatory home likely sits under FDA’s food labeling framework.
3. But Some NA Beverages Still Trigger TTB Oversight
If the base product is produced at a bonded winery or brewery—and then dealcoholized—the TTB may still regulate production records, formula requirements, and operational rules, even if the final product is under 0.5% ABV. Label approval (COLA) might not be required, but production compliance absolutely still can be.
4. Health and Wellness Claims May Be a Risky Area
“Hangover-free,” “stress relieving,” “detoxifying,” “boosts immunity,” or “reduces anxiety” can be red flags and could potentially be risky for brand owners or producers. Even softer language—like “supports relaxation”—may require scientific substantiation and careful framing.
5. Nutrition Facts Panels Are Not Optional
Traditional alcohol beverages typically do not require Nutrition Facts Panels (unless you voluntarily opt to provide a Serving Facts or Average Analysis), but non-alcoholic beverages typically do.
Products falling within FDA’s labeling jurisdiction generally must include the following on the label:
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Nutrition Facts
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Ingredients list
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Allergen disclosure
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Statement of identity
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Net contents
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Name/address of the responsible party
If you’re used to alcohol labels, this can be a big shift.
6. Importing NA Products Isn’t Always Straightforward
Even though NA beverages aren’t classified as “alcohol,” they may still require:
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Prior notice through FDA
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Verification of food facility registration
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Ingredient documentation
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Compliant English labels
Imports resembling alcoholic beverages may also receive added scrutiny from Customs and Border Protection, regardless of ABV.
7. The FTC Is Watching Your Marketing Claims
Because the category is trendy—and sometimes marketed as “health-forward”—the FTC may be attentive to advertising claims that could mislead consumers. Influencer partnerships are subject to the same rules: clear disclosures are mandatory.
The non-alcoholic beverage category is dynamic, innovative, and fast-growing—but it’s not the regulatory free-for-all some imagine it to be. Whether you’re launching a new NA brand, extending an existing product line, or importing dealcoholized beverages, understanding the compliance landscape is essential to avoid missteps.
For questions related to alcohol beverage law, food labeling, regulatory compliance, or related matters, please contact Lindsey Zahn at Lindsey Zahn P.C. to learn more about how we can assist your business.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.
