Recently, we discussed labeling requirements for non-alcoholic beverages. Detailed and accurate labeling is very strict in the alcoholic beverage industry.
Different types of alcohol have different labeling regulations. Here, we’ll take a look at an increasingly popular type of alcoholic beverage – hard seltzer.
Some hard seltzers are required to follow Alcohol and Tobacco Tax and Trade Bureau (TTB) labeling requirements – even though the TTB doesn’t recognize hard seltzer as an official category of alcohol. Others are governed by Food and Drug Administration (FDA) regulations.
It’s all about the base
So how do you know whose labeling regulations a hard seltzer needs to follow? It depends on the beverage’s base.
However, hard seltzer labeling is regulated by the TTB if they contain malted barley and hops or fermented cane sugar and malt. Further, the TTB must review the Certificate of Label Approval/Exemption (COLA) before a product can be sold.
Hard seltzers that are sugar based and don’t contain any malted barley must follow FDA labeling rules. That means they need to include ingredient and nutrition information based on the FDA’s Food Labeling Guide.
The FDA doesn’t require the COLA to be pre-approved. However, it can take action if it determines that the label doesn’t comply with its regulations, so that can actually be a disadvantage.
Some labeling requirements are the same
Many labeling requirements are the same for all hard seltzers, whether they’re governed by the TTD or FDA. These include:
- Brand name
- Contents (in fluid ounces in the U.S.)
- General product name (for example, if it’s made with malted barley, it would probably need to say “malt beverage.”
- Location of production (manufacturer name and address)
- Alcohol content
- Health and safety warning
All alcoholic beverages are heavily regulated. When you have to meet requirements set by multiple federal agencies – or aren’t sure which one(s) apply to your products, it can be daunting. Having experienced legal guidance throughout the process can save you from making costly mistakes.