Tax and Trade Bureau proposes mandatory allergen labeling for alcoholic beverages
Alcoholic beverages, are the only type of packaged beverage category without any requirement for major food allergen labeling.
U.S.A. – The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently proposed a mandatory labeling disclosure of all nine major food allergens used in producing alcoholic beverages.
The proposal states that labels must declare milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame, as well as ingredients that contain protein derived from these foods if used to produce the alcoholic beverage.
TTB believes this proposal would provide consumers allergic to one or more of the nine major food allergens with the information they need to avoid exposure and the health risks these ingredients pose.
Alcoholic beverages, subject to the labeling regulations of the Fair Administrative Action Act, are the only type of packaged beverage category without any requirement for major food allergen labeling.
Leading to TTB’s proposal, the Department of the Treasury, in consultation with the Department of Justice and the Federal Trade Commission, released a report back in 2022, on competition in the markets for alcoholic beverages.
They recommended that TTB “should revive or initiate rulemaking, proposing ingredient labeling and mandatory information on alcohol content, nutritional content, and appropriate serving sizes.”
This was followed by TTB publishing a Notice of Proposed Rulemaking on possible changes to its regulations related to allergen labeling for alcoholic beverages on April 6, 2023.
The notice directed agencies, to the extent practicable and consistent with applicable laws, to provide opportunities for public participation designed to promote equitable and meaningful participation by a range of interested or affected parties to inform regulatory actions.
Thereafter, they held virtual public listening sessions on 28th and 29th February 2024 and opened a public docket to receive written comments on labeling alcoholic beverages with per-serving alcohol and nutritional information, major food allergens, and/or ingredients.
Approximately 700 registrants attended the two virtual sessions, consisting of consumers, public health stakeholders, and industry members, including 47 different speakers and 5,159 written comments submitted.
Feedback from Stakeholders
Most comments TTB received on allergens either favored mandatory labeling of major food allergens or did not express opposition.
Consumers and public health stakeholders stated that major food allergen disclosures are necessary due to the implications for individuals with such allergies. One individual commented, “Without this information on alcoholic beverages, consuming them is like playing a lottery—I never know if a product may contain an ingredient I need to avoid until it’s too late.”
However, the proposal received some opposition, with one stakeholder from Carriage House Vineyards and Travelers Cellar stating, “The proposed changes regarding nutritional information, major food allergens, and ingredients would significantly and negatively impact our small farm winery. . . In our years of operation, consumers have shown no interest, nor have to this point inquired on any of the items that the proposal is looking to add.”
Other comments included suggestions for the TTB to follow the FDA and other countries in requiring ingredient and allergen labeling, to acknowledge that distillation removes allergenic proteins, to allow the use of QR codes to meet labeling requirements, and concerns regarding costs associated with implementing the new requirements.
The bureau proposes a compliance date of 5 years from when a final rule resulting from this proposal is published in the Federal Register to minimize the costs and burdens associated with the proposed new labeling information.
However, the public can still comment on whether the proposed compliance date would suffice to limit the impact on small businesses and reduce overall compliance costs while ensuring that consumers are adequately informed.
It is also seeking comments on the most appropriate wording following their suggestion of the mandatory food allergen statement to consist of the words “Contains Major Food Allergen(s)” followed by a colon and the name of the food source(s) from which each major food allergen is derived.
All additional comments must be received on or before April 17, 2025.
Sign up HERE to receive our email newsletters with the latest news and insights from Africa and around the world, and follow us on our WhatsApp channel for updates.
