The Alcohol and Tobacco Tax and Trade Bureau (TTB) has published two Notices of Proposed Rulemaking (NPRMs) that would require the disclosure of allergen as well as Alcohol Facts information on labels of alcohol beverages. Although the specifications were expected in some form, the proposed new requirements would be a major labelling change for alcohol beverages at a time when the industry is struggling with declining sales across all categories.
The move comes as no surprise to the industry, although details were unknown after a long public comment period. In its February 2022 Report on Competition in the Markets for Beer, Wine, and Spirits, the Department of the Treasury recommended that TTB revive or initiate rulemaking regarding the labeling of wines, distilled spirits, and beer with allergen and per-serving alcohol, calorie, and nutrient content disclosures.
In the first notice (Notice No. 238), the TTB proposes to require a label disclosure of all major food allergens used in the production of alcohol beverages. Under the proposed regulations, labels must declare milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame, as well as ingredients that contain protein derived from these foods, if used in the production of the alcohol beverage.
In the second notice (Notice No. 237), the TTB proposes to require Alcohol Facts label disclosures for alcohol beverages. This disclosure would include the serving size of the product; the number of servings per container; alcohol content as a percentage of alcohol by volume; the number of fluid ounces of pure ethyl alcohol per serving; the number of calories per serving; and the number, in grams per serving, of carbohydrates, fat, and protein.
Like existing TTB label requirements (except for alcohol content), alcohol beverages sold only within the state where it is produced (does not cross state lines for the purpose of sale) will not be subject to any new federal labelling requirement, unless the state passes mirror requirements.
If the recommendations were to be passed and approved, TTB recommends a five-year “use-up” period that would allow manufacturers to use up existing labels until the new rules take effect.