Hard Seltzer

Hard seltzer is the newest category of alcohol beverages to hit the market. Because the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) does not have a formal definition of “hard seltzer” at this time, industry members have rolled up their sleeves and developed products from many different fermentable bases. The most traditional hard seltzer products typically fall within the beer or malt beverage categories, but some may alternatively contain a distilled spirit or wine base.

No matter the base of your hard seltzer product, Lindsey Zahn P.C. can assist your company with determining the proper TTB permit for your business model as well as with the labeling of your hard seltzer product. In this new category, details and specifics matter greatly and will play a role in the labeling requirements of your product. It is essential for a hard seltzer company to work with counsel who understands the implications that certain ingredients can have on a company’s hard seltzer product.

Hard Seltzer: Services

Whether you’re entering the hard seltzer market for the first time or are an established business seeking guidance, Lindsey Zahn P.C. is ready to provide meaningful, practical advice.  Among many other services, the firm can assist you with the following:

• Determine the most appropriate federal TTB permit(s) for your business
• Draft and file the federal basic permit application with the TTB 
• Update and amend TTB permits
• Draft and file state license applications
• Update and amend state licenses
• Draft and submit formulas to the TTB for products that require formulation
• Review proposed labels for compliance with federal regulations
• Represent you before the TTB during the COLA submission process
• Review proposed hard seltzer labels for compliance with Food and Drug Administration (“FDA”) food labeling regulations
• Provide ongoing legal compliance guidance

Recent Representations

Some recent representations include: 

• Reviewed and advised a hard seltzer brand owner on label compliance for a hard seltzer product subject to FDA’s labeling jurisdiction
• Counseled a hard seltzer brand owner on proper permit and license requirements based on the company’s business model
• Advised on, and drafted, formulation submissions for approval with TTB

For more information about how Lindsey Zahn P.C. can help your company, please contact us at lindsey@zahnlawpc.com.

Prior results do not guarantee a similar outcome.