FDA Issues Guidance on Non-Malted Beer Labeling

WASHINGTON D.C.—FDA has issued draft guidance to manufacturers on the labeling of non-malted beers that contain substitutes for malted barley such as sorghum, rice or wheat, or are made without hops. Such beer products fall under FDA rather than the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulatory authority. The guidance advises industry on how to label beers that are subject to the FDA's labeling laws.

This action follows a July 2008 ruling by the TTB that beers made from substitutes for malted barley or that do not contain hops do not meet the definition of a malted beverage contained in the Federal Alcohol Administration Act (FAA Act). Under that Act, the TTB regulates the labeling and other aspects of malted beverages. The 2008 TTB ruling means that beers that are not made from malted barley or that do not contain hops are subject to labeling requirements under the Federal Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act, and fall under FDA regulatory authority.

FDA's new draft guidance—"Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration"—specifies the mandatory information required on the labels of these non-malt beers. These mandatory labeling components include, among other information, a listing of ingredients in the product, a nutrition facts panel, and the name of any major food allergen present in the product.

Manufacturers of non-malt beers are expected to comply with the FDA's labeling requirements by Jan. 1, 2012. The Federal Register notice (74 FR 41438) can be read at GPO Access and the guidance at FDA.gov.