Similar to alcohol-free wine, alcohol-free beer or alcohol-free malt beverages are increasingly becoming a go-to option for many consumers. As we visit more and more breweries and tap rooms, as well as restaurants and bars, it is not unusual to see an alcohol-free beer or malt beverage option. Whether guests wish to embrace an alcohol-free life or pursue “Dry January” or similar, alcohol-free beer and malt beverages are wonderful options for breweries and importers alike to expand their portfolios.
For beers and malt beverages generally, there are key distinctions with respect to labeling these two products. It can easily be confusing to determine which government agency has primary jurisdiction over the labeling of beer versus malt beverage as well as to determine what labeling requirements may be triggered. It is important for industry members to understand the differences between the regulatory definition of “beer” versus that of “malt beverage” in order to determine how its product may be regulated (and by whom).
Perhaps the easiest way to consider the terms beer versus malt beverages is to think of it this say: Beer can include products meeting the definition of “malt beverage” but the term also includes products that do not meet the definition of “malt beverage.” Malt beverage is a more specific type of beer (i.e., beer is the broader category of beverage).
The Federal Alcohol Administration Act (“FAA Act”) defines the term “malt beverage” as a beverage that is made from the alcohol fermentation of “an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption.” 27 U.S. Code § 211(a)(7). Beers that meet the definition of “malt beverage” are regulated by the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) for labeling purposes.
Interestingly, the definition of “malt beverage” does not include an alcohol by volume content. In other words, beer products that meet the definition of “malt beverage” will be regulated by the TTB regardless of their alcohol content. A beer may not contain alcohol but, if it meets the definition of “malt beverage,” it will be regulated by the TTB for labeling purposes.
This means that a non-alcohol malt beverage product — a malt beverage made from the alcohol fermentation of the above items mentioned in the FAA Act without detectable alcohol — would fall subject to the labeling jurisdiction of the TTB. Malt beverage labeling regulations are found at 27 CFR Part 7.
If your beer is made without the ingredients mentioned in the FAA Act — i.e., without malted barley and/or hops —the product’s labeling will generally be regulate by the Food and Drug Administration (“FDA”). The federal food labeling regulations are generally found at 21 CFR Part 101. The FDA also publishes important compliance policy guides that may come into play.
If your company is not familiar with alcohol-free beer or malt beverage labeling regulations and requirements under the federal labeling regulations, the label should be reviewed by someone who is very familiar with FDA labeling requirements and/or TTB labeling requirements. Ideally, considering the crossovers between the FDA and TTB in the alcohol-removed world, the reviewer should be familiar with both the FDA food labeling and TTB alcohol beverage labeling requirements.
How can Lindsey Zahn P.C. help your beer company or your alcohol-free beer product?
Lindsey Zahn P.C. works closely with both alcohol beverage and food companies to review proposed labels for compliance with federal food labeling and alcohol beverage labeling regulations. We can offer a unique perspective for products that fall within the primary jurisdiction of the FDA but may still present some crossover issues with the TTB. We can also assist with advising U.S. breweries and importers that wish to produce or import both traditional alcohol-based beers or malt beverages as well as alcohol-removed beers or malt beverages as well as other food products and what implications this may bring with respect to permitting and other important compliance considerations.
Contact Lindsey Zahn P.C. to schedule an introductory meeting to discuss your needs and products and to learn more about how we can help: info@zahnlawpc.com or (929) ZAHNLAW (929-924-6529).