Alcohol-free wine is increasingly becoming a go-to option for many consumers. With some folks embracing an alcohol-free life or even a “Dry January,” alcohol-free wine remains a great choice for many. It is no surprise that alcohol beverage companies are seeking to enter or expand their presence in this unique sector of the beverage alcohol industry.
Often, companies wish to market their wine as alcohol-free. However, this term can trigger a number of regulatory requirements at the federal level that should be reviewed before a company proceeds with claiming ALCOHOL-FREE on the label. In this article, we seek to answer several important questions about alcohol-free wine:
- Which agency or agencies regulate alcohol-free wine?
- What is alcohol-free wine?
- Can ALCOHOL-FREE be states on a product that has alcohol?
Which Agency Regulates Alcohol-Free Wine?
Generally speaking, the Food and Drug Administration (“FDA”) is the agency that has the primary jurisdiction of regulating labels and labeling of alcohol-free wines. FDA actually has primary jurisdiction on the labeling of wines that are under 7% alcohol by volume (including, for example, alcohol-free wines and dealcoholized wines).
While the FDA has primary jurisdiction on the labels and labeling of wines under 7% alcohol by volume, beverage alcohol companies should be mindful that other agencies — such as the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) — may also come into play with respect to alcohol-free wines and other wines under the 7% alcohol by volume threshold. For example, many times an alcohol-free wine may wish to state an appellation of origin or a grape variety on the label. The FDA regulations are silent on appellations of origins and use of grape varieties on a label, but that is not to suggest that a company is free to list any appellation or grape variety on an FDA-regulated wine label. In these instances, drafting an alcohol-free wine label may require a careful dance between both FDA and TTB requirements.
The FDA food labeling regulations are quite different from the regulations of the TTB. This is a very important consideration as companies that are not familiar with the FDA food labeling requirements may find themselves overwhelmed by the extensive food labeling regulations or may easily overlook mandatory label requirements.
What is ALCOHOL-FREE Wine?
According to the FDA’s Compliance Policy Guide Sec. 510.400, the agency considers “alcohol-free” to indicate that a product contains no detectable alcohol. If a label states ALCOHOL-FREE WINE, the product should contain no detectable alcohol.
Under the same policy, the agency notes that alcohol-free is not synonymous with the term NON-ALCOHOLIC. The FDA generally allows the claim NON-ALCOHOLIC to appear on dealcoholized or alcohol-removed wines (in addition to the required Statement of Identity).
Can ALCOHOL-FREE be used on Wines Containing Alcohol?
Under FDA’s Compliance Policy Guide Sec. 510.400, the term ALCOHOL-FREE can only be used if the corresponding product contains no detectable alcohol. Stating ALCOHOL-FREE on a wine product that has detectable alcohol could be considered misleading and/or may render the product to be adulterated and/or misbranded under the The Federal Food, Drug, and Cosmetic Act.
I have an ALCOHOL-FREE wine and I am not familiar with FDA labeling requirements. What can I do?
If your company is not familiar with alcohol-free wine labeling regulations and requirements under the federal food labeling regulations, the label should be reviewed by someone who is very familiar with FDA labeling requirements. Ideally, considering the crossovers between the FDA and TTB in the world of alcohol-removed wines, the reviewer should be familiar with both the FDA food labeling and TTB alcohol beverage labeling requirements.
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. wineries that wish to produce both traditional alcohol-based wines as well as alcohol-removed wines or 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).