Guidance for Industry: Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration

Description

This guidance is intended to assist manufacturers on how to label bottled or otherwise packaged beers that are subject to the Food and Drug Administration’s (FDA’s) labeling laws and regulations.  This guidance has been issued following a ruling by the Alcohol and Tobacco Tax and Trade Bureau (TTB) (formerly the Bureau of Alcohol, Tobacco and Firearms (ATF)) clarifying that certain beers do not meet the definition of a “malt beverage” under the Federal Alcohol Administration Act (FAA Act) (see TTB Ruling 2008-3, dated July 7, 2008) (Ref. 1).  As discussed in more detail below, these beers are not subject to the labeling provisions of the FAA Act but are subject to the food labeling provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 341-350; the Fair Packaging and Labeling Act (FPLA), 15 U.S.C. 1451-1461; and FDA’s implementing regulations.

Scope & Applicability

• 21CFR172.804§ 172.804 Aspartame.

  The food additive aspartame may be safely used in food in accordance with good manufacturing practice as a sweetening agent and a flavor enhancer in foods for which standards of identity established under section 401 of the Federal Food, Drug, and Cosmetic Act do not preclude such use under the follRead full regulation →

• 21CFR101.9§ 101.9 Nutrition labeling of food.

  (a) Nutrition information relating to food shall be provided for all products intended for human consumption and offered for sale unless an exemption is provided for the product in paragraph (j) of this section.Read full regulation →

• 21CFR101.3§ 101.3 Identity labeling of food in packaged form.

  (a) The principal display panel of a food in package form shall bear as one of its principal features a statement of the identity of the commodity.Read full regulation →

• CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated/L. monocytogenes

  Compass Group USA

  2025-11-11

• CGMP/Dietary Supplement/Adulterated/Misbranded

  Time Challenger Labs International, Inc.

  2025-09-30

• CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

  Gracie's Kitchens, Inc.

  2025-09-30

• CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

  Hans Bakery Inc. d/b/a Andersen’s Bakery

  2025-09-30

• CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

  Tan Nam Corporation

  2025-09-30

• Foreign Supplier Verification Program (FSVP)

  Jalisco Fresh Produce, Inc.

  2025-09-09

• Foreign Supplier Verification Program (FSVP)

  Eurobread Inc. dba First Harvest

  2025-08-26

• Seafood HACCP/CGMP for Foods/Adulterated

  Chaohu Daxin Foodstuffs Co., Ltd.

  2025-08-19

• CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

  Marin Baking LLC

  2025-06-24

• Food Labeling/Misbranded

  Revolution Foods, PBC

  2025-06-24

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