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,…
Tag: fda regulations
The Rise of No- and Low-Alcohol Wines: How TTB and FDA Divide Oversight
The demand for no- and low-alcohol beverages has exploded in recent years. From health-conscious consumers seeking moderation to younger demographics embracing mindful drinking, wineries are increasingly exploring how dealcoholized or reduced-alcohol products might fit into their portfolios. While the trend is promising, the regulatory framework in the United States can…
FDA Plans to Revoke Standards for Over 50 Foods
The FDA has announced plans to eliminate or propose eliminating Standards of Identity (“SOIs”) for 52 food items, stating that many of these regulations are outdated. These standards, which have existed since 1939, define what ingredients and production methods are required for certain foods like milk, peanut butter, ketchup, and jam. FDA Commissioner…
Expanded Definition of Hard Cider for Taxation Purposes
On December 18, 2015, President Obama signed the Protecting Americans from Tax Hikes Act of 2015 (“the PATH Act”) into law. The PATH Act contains changes to certain statutory provisions which are administered by TTB, including applicable sections of the Internal Revenue Code (“IRC”) which apply to alcohol beverages. In particular, the…
Recent Publication: Label Lawsuit Lessons
The November/December 2015 issue of Vineyard & Winery Management magazine features one of my most recent articles, Label Lawsuit Lessons. The article details the implications the 2014 Supreme Court case POM Wonderful LLC v. Coca-Cola Co. may have on the wine industry. Specifically, the article looks at the idea that a COLA may simply be…
Post-Pom Wonderful and the Not So Wonderful Impact on Alcohol Beverages
In June of last year, the Supreme Court decided a rather revolutionary case for the food industry: Pom Wonderful LLC v. The Coca-Cola Company. The case, which was commenced by Pom Wonderful, questioned the label of a competitor’s product, Coca-Cola’s Minute Maid Blueberry Pomegranate juice. The Minute Maid label contained the words…
Is TTB Next? FDA’s New Proposed Nutrition Label and its Effects on Alcohol Beverages
Last year, I blogged several times about nutrition facts panels and ingredients statements in relation to wine and other TTB-regulated alcohol products. See A Regulatory Analysis: Nutrition Fact Panels and Ingredient Statements on Alcohol Beverages; Full Ingredients List to Appear on 2011 Ridge Vineyards Wine Label. As many know, for the majority of…
TTB to Review its Policy on the Term “Gluten-Free” for Alcohol Beverage Labeling
On August 22, 2013, TTB announced that the agency will be reviewing its policy on the use of the term “gluten-free” on alcohol beverages that are regulated by TTB. See Use of “Gluten-Free” on TTB-Regulated Alcohol Beverages. This announcement is timely because, as TTB properly highlighted, the United States Food and Drug…
