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FDA Issues Guidance on Labeling of FDA-Regulated Beers

The Food and Drug Administration is finalizing guidance on the labeling of beers that are subject to FDA jurisdiction (here). Certain beers, which are not made from both malted barley and hops but are instead made from substitutes for malted…

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barley (such as sorghum, rice, or wheat) or are made without hops, do not meet the definition of a “malt beverage” under the Federal Alcohol Administration Act. Such products (other than sake, which is classified as a wine under the FAA Act), are not subject to the labeling provisions of the Alcohol and Tobacco Tax and Trade Bureau, and instead must follow FDA labeling regulations. FDA’s guidance explains the application of its labeling regulations to non-TTB regulated beers.