Recent Developments in Alcoholic Beverage Labeling Regulation

Abstract

In light of the ubiquitous “Nutrition Facts” labels that appear on food products and non-alcoholic beverages, it is surprising to some people that there is not a standard label on alcoholic beverages containing information about alcohol and nutritional content. In 2007, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”)—the federal agency within the Department of the Treasury tasked with regulating alcoholic beverages—issued a notice of proposed rulemaking to require alcohol and nutritional content to appear on alcoholic beverage labels. Extensive public comments were submitted on the proposed rule, and more than three years have passed, but it is unclear if and when the TTB will issue a final rule. This note describes the recent history of TTB’s efforts to close this “regulatory gap” with respect alcoholic beverage labeling. Additionally, this note explores the unique balance of state and federal authority with respect to alcoholic beverage labeling, and how a more detailed federal label mandate may affect this balance. Special attention is paid to whether a federal label would “pre-empt” state label regulations.