Non-Alcoholic Beverages. A Growing Category With Real Regulatory Complexity.

Non-alcoholic and zero-proof beverages, alcohol-free spirits, NA beer and wine, functional drinks, and adult non-alcohol drinks fall under FDA jurisdiction, not TTB. That distinction shapes every aspect of your compliance, labeling, and go-to-market strategy. We help you get it right.

Talk to a Non-Alcoholic Beverage Attorney at Malkin Law, P.A.

FDA-Regulated. Distribution-Dependent. Brand-Critical.

The non-alcoholic beverage category is growing fast and the legal landscape is catching up with it. Unlike alcohol beverages, which are regulated by the TTB and state alcohol control agencies, non-alcoholic beverages fall under FDA oversight for labeling, health claims, and product safety. That means a different regulatory playbook, different compliance obligations, and a different set of risks.

Malkin Law, P.A., counsels non-alcoholic and zero-proof beverage brands on the legal work that underpins their business: FDA-compliant labeling, distribution agreements, co-manufacturing IP protection, trademark registration, and the commercial contracts that support retail and DTC growth.

Who We Represent

• Zero-Proof Spirit & Cocktail Brands: Alcohol-free spirit alternatives, ready-to-drink mocktails, and zero-proof cocktail brands navigating FDA labeling and retail distribution.
• Non-Alcoholic Beer & Wine: Dealcoholized and non-alcoholic beer, wine, and cider brands operating under FDA and TTB crossover requirements.
• Functional & Wellness Beverages: Adaptogens, nootropics, CBD, and functional drink brands with FDA labeling, structure/function claims, and supplement compliance needs.
• Adult Non-Alcohol RTDs: Ready-to-drink non-alcoholic beverages targeting adult consumers in the on-premise and off-premise channel.

Legal Services For Non-Alcoholic Beverage Brands

• FDA Labeling & Compliance
  Nutrition facts, ingredient statements, structure/function claims, and health claim compliance under FDA regulations.
• Co-Manufacturing Agreements
  Formulation ownership, quality standards, volume commitments, and exit rights with your co-man.
• Distribution Agreements
  Retail and DTC distribution agreements with exclusivity provisions, benchmarks, and practical exit rights.
• Trademark & Brand Protection
  Search, clearance, USPTO registration, trade dress, and enforcement for non-alcoholic beverage brands.
• Retail & Foodservice Contracts
  Vendor agreements, POs, and private label terms reviewed for liability and compliance obligations.
• Fundraising & Exits
  Term sheets, investment documents, M&A readiness, and seller representation.

Non-alcoholic and zero-proof beverages are regulated as food and beverage products under FDA not as alcohol under TTB. Labels, claims, and marketing materials must comply with FDA standards. Getting this wrong at launch is far more expensive than getting it right.

Building a Non-Alcoholic Beverage Brand?

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