therapeutic

This deftly navigates the differences between FDA and TTB rules. If it had a little more alcohol, or a different type of alcohol, at least these 5 noted things probably would not fly.

1. So far as we know, TTB does not allow electrolyte references on alcohol beverage labels.
2. Nor does TTB allow vitamin references.
3. From time to time in the past TTB has frowned upon prominent refresh claims on the grounds that they may imply therapeutic value.
4. As of this writing it does not appear that TTB is ok with GMO claims.
5. Finally, I would bet money against TTB allowing this term (nutritious).

All these claims are possible, and not suicidal, because the product is wine based, and under 7% alc./vol., such that FDA has full control over the labeling, while TTB retains control of the taxation and formula. The front label mentions that it’s a wine specialty, as here.

If this were 7% or more, TTB would probably require something a lot more descriptive than “Wine Specialty,” and would not allow this 12 ounce size, and would also require ABV to be spelled out. The product is Coco Cocktail, and there is no TTB label approval to which to point.

Sorry to disappoint anyone, but that’s not Attorney John Messinger over to the left. But it is John, over to the right, covering Gluten-Free Labeling for Beer, Wine and Spirits, in a recent issue of Beverage Master Magazine.

The full article is here. The first few paragraphs are here:

Gluten-free foods and beverages were one of the popular trends of 2014. In the past year, over 70 new alcohol beverage label approvals mentioned “gluten-free,” which is more than the combined total of gluten-free labels in 2012 and 2013. Breweries, wineries and distilleries who wish to cater to the gluten-free diet market and provide those with celiac disease additional choices can do so, but there are a fair amount of rules and red tape to wade through. This article breaks down the federal requirements for gluten-free labeling. Background The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) regulates the labeling and advertising for the majority alcohol beverages. In May 2012, TTB issued an interim policy on gluten content statements in the labeling and advertising of beer, wine and distilled spirits, which allowed some products to make gluten-free claims (TTB Ruling 2012-2). This policy was issued pending guidance or rulemaking by the Food and Drug Administration (“FDA”) on the subject of gluten-free claims. In...

TTB announced a big policy change — about gluten free — just before the Memorial Day holiday weekend. For many years before the announcement, plenty of companies have tried to make “gluten free” claims, but we still didn’t see any approved TTB labels referring to “gluten free.” A few weeks back, we thought we had one, when we heard a lot of buzz about Omission beer as above. But alas, even the Omission label has had a big omission when it comes to this particular claim. All this is about to change in a big way, as result of this TTB Ruling, released late last week. As a result, we may begin to see various gluten free claims on TTB labels in the very near future. To show the earlier TTB policy, a fairly recent TTB rejection is here, and it may help explain why Widmer did not come out and say it louder or earlier. TTB’s caution may well have been justified; Brewbound has explained:  “The release of Omission Beer comes just a few months after a study published in the Journal of Proteome Research found that eight commercial beers currently labeled as ‘gluten-free’ contained as much gluten as regular beer.” Brewbound further explained that there are plenty of other beers that seek...