Gluten Free Beer: Adding Another Layer of Regulation

Understanding which laws apply to any particular alcoholic beverage is like peeling back the layers of an onion: there always seem to be more layers, and you may end up in uncontrollable tears. The labeling laws which apply to gluten free beers are just one example of more and more layers and different governmental entities trying to figure out who’s in charge.

There are several layers of governmental agencies already involved, one way or another, in beer labeling and advertising. The Alcohol Tobacco Tax and Trade Bureau (TTB) regulates the labeling and advertising of malt beverages by enforcing the Federal Alcohol Administration Act (FAA Act). The Federal Trade Commission regulates the alcohol industry by enforcing the Federal Trade Commission Act, which prevents acts, statements, or images that may confuse consumers or be deceptive.

Now, for beer that is not a malt beverage, there is another level of federal regulation. TTB Ruling 2008-3 explains that some fermented beverages are “beer” for excise tax purposes, but do not qualify as “malt beverages” subject to the TTB's jurisdiction under the FAA Act. This category of non-malt-beverage beers are fermented beverages brewed from a malt substitute, such as sorghum or corn.

So, the Federal Drug Administration (FDA) (which is usually uninvolved with the regulation of alcoholic beverages) is responsible for labels for products that are beer (and subject to TTB regulation in other matters), but not malt beverages under the FAA Act.

To clear things up in the only way governmental agencies know how, the FDA has issued labeling guidance for the tricky category of beers that are not malt beverages. The FDA guidelines generally require that food products under its jurisdiction be truthfully and informatively labeled in accordance with the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, and the myriad of FDA regulations. For more information on the FDA’s labeling rules for beer that is not a malt beverage, see the agency’s guidance.