By Gary Spedding
“The forces trying to move the world towards total prohibition of alcohol and drugs might still be plaguing the details on the ways forward.”
A good few years ago, we were asked to evaluate beers for nutritional parameters so that members of the Brewers Association (BA) could access a nutritional database. At the time, traditional beers were to the fore and low or non-alcoholic styles (NA, NABLABS) or seltzers were not yet fully within the accepted market spaces or gaining much sales traction. Additionally, Kombucha, with both alcoholic and non-alcoholic versions, was only just becoming more widely available. Then things changed. The Tax and Trade Bureau (TTB) recorded large numbers of false alcohol values on products drawn from the marketplace, and so-called NA Kombucha reached well above the legal 0.5% ABV, up to as high as 5% ABV. Then, incorrect nutritional information started to appear on certain product labels (personal observations). Or, the correct factors were not known or were not being used in nutritional calculation algorithms. The story with respect to wine was not then, nor now, in our main realm of testing/research.
Though for spirits, not much more than the usual TTB notices, for more traditional spirits, were readily available to the craft distiller. In gaining some needed answers here, we note that TTB agents are a little more accessible for getting some answers to questions, but that it is next to impossible to gain any traction at all with the Food and Drug Administration (FDA). Moreover, the craft spirits movement was only just on its major upsurge before the covid pandemic, and issues, therefore, perhaps not addressed as adroitly or widely as for other alcoholic beverages. Yet such issues and concerns were being noted by us and several clients. Moreover, and important to note, an ever-savvier public wants to know more about what they are consuming.
Moving forward, and shifting more towards distilling concerns, a new version of the US Dietary Guidelines for Adults is supposed to be issued by the end of 2025. Details outlined below, and noting some convoluted issues that may impact final answers we seek or the deadline(s) by which formula labeling details are currently expected to be in place. One of those convolutions leads us to make note of proposals for a new worldwide Prohibition – ban on drugs and alcohol use. Prohibition. Yes, you read that right – Prohibition. When we were approached by the ACSA on this overall topic, a fellow scientist, with a research degree in cancer genetics, and I, convened and wrote up a short article on this new prohibition drive. Exposing a few interesting facts about research into the good and bad effects of alcohol consumption. With that often-biased research and interpretation by prohibitionists, pushing governments worldwide towards that potential, and in their view, a new era of prohibition. However, it seemed to be that the more important issue for the ACSA was indeed what the nutritional guidelines being proposed by the TTB meant, could mean, and would imply for distillers in labeling requirements or for informing consumers of the contents and calorie loads of their products. This request is based on the TTB seeking comments on the amended alcohol beverage labeling requirements. This labeling requirement is fully detailed below. Yet, the forces trying to move the world towards total prohibition of alcohol and drugs might still be plaguing the details on the ways forward. That program drives new changes in the government activities with respect to science and other topics in the United States, also at play here.
Mandates, Dates, and Details. A little history here on the topic. From the Brewers Association: “On Friday, January 17, 2025, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) will publish two important Notices of Proposed Rulemaking (NPRMs) proposing changes for the labeling of alcohol beverages, including beer and “malt beverages”—the Federal Alcohol Labeling Act term for beer under the TTB’s regulatory authority.” The notices were published on January 17th, 2025. Presented – with open requests for comments from businesses and consumers alike (with specified time limit deadlines). In one case, as referenced here: Alcohol Facts Statements in the Labeling of Wines, Distilled Spirits, and Malt Beverages. The Brewers Association (BA) made its comments in a letter to the Director of the Regulations and Ruling Division of the Alcohol and Tobacco Tax and Trade Bureau. As this also applies to alcohol facts statements for the labeling of distilled spirits, the craft distiller should look at these documents. And see how the BA responded. More on the second notice on allergen labelling is detailed and referenced below.
Now, to show the slow pace of government action and/or responses from the industry(ies) or consumers, on April 7th, 2025, the TTB published notices to extend the comment periods for the two proposed rules published in January. This extension was made and extended for responses to August 15th, 2025. And was done so as the TTB had received joint requests from nine alcohol industry trade associations and their small business members requesting more time to comment. Hopefully, this gave time for alcoholic beverage producers to better understand the proposals and the new administration’s priorities. Though this gets even more convoluted, as noted below, and possibly due to the new United States Republican administration and new rulemaking proposals. We know the ACSA team will be working to see how this pans out.
Assuming nothing radical changes under the new challenges faced by the TTB and the Food and Drug Administration (FDA), the original mandates can now be considered. One of the proposed rules requires the disclosure of per-serving alcohol, calorie, and nutrient content information in an “Alcohol Facts” statement on all alcohol beverage labels. The other proposed rule requires a labeling disclosure of all major food allergens used in the production of alcoholic beverages. The labeling requirements for both proposed rules are subject to TTB’s regulatory authority under the Federal Alcohol Administration Act (FAA Act). In addition to requiring per-serving alcohol, calorie, and nutrient content information, TTB proposes mandatory alcohol content statements for certain types of beer and wine that are not currently required to be labeled with an alcohol content statement. Now, due to the use of artificial sweeteners and certain food-related acids (citric, lactic, malic, for example, which do contribute calories), this could make for a complex revamping of methods of testing for such items. We noted that citric acid in high concentrations with high alcohol content supplies were measuring 9% ABV less than they were supposed to, as assessed by typical and approved distillation methods. Including recognized TTB methods. With the more sweetened and especially artificially sweetened alcoholic beverages being launched and gaining consumer acceptance, more component measurement errors were beginning to be noted within the industry. With the artificial sweeteners, beverage producers wanted labs evaluating their products to simply subtract that weight contribution to the residual extract from the calorie equation. Not allowed to do that according to the TTB. And still not a clearly resolved issue in our opinion. Also, in some cases, there are no officially accepted methods available anyway to accurately measure some of the newer artificial sweeteners. Then, to further complicate matters, the TTB came out with new equations for calories and carbohydrate content determinations. While valid, such equations promoted initial further confusion for non-scientifically trained brewers and distillers. We ourselves have already thus been charged with or challenged to resolve some issues here, and this is indeed an ongoing challenge based on current information within approved or proposed methods from agencies such as the TTB. This will not be easier, nor a timely fix, once we know exactly what the authorities will require to be tested for and to be noted on labels. The TTB has also proposed the need to disclose on labels all major food allergens that may be used in the production of alcoholic beverages, including milk, eggs, fish, crustaceans’ shellfish, tree nuts, wheat, peanuts, soybeans, and sesame, as well as ingredients that contain protein (or perhaps also fats) derived from the aforementioned foods. Will it be sufficient to just note these items or will there be required levels to be reported upon? Such constituents will affect calorie values. However, there may be some relief here, as both proposals are noted to include a compliance date of 5 years from the date that the final rule(s) resulting from the proposal(s) are published in the Federal Register.
Back to Politics, Prohibition, and Possible Interruptions to the Proposals. So, a bit more about politics as usual. From a report online, dated September 8, 2025, a familiar-sounding refrain appeared, “As usual for government documents online it is still not clear as to what these guidelines will recommend about alcohol use – or if they will mention alcohol at all. Bringing us a little up to date here: “Joe Biden might not be in the White House anymore, but his influence is (was) still being felt at one crucial committee.” “Improbably, Joe Biden is still running the process for creating the 2025 Dietary Guidelines for alcohol. Congress tried but failed to get his administration to follow the law last year. Now, Congress is trying again with a new President.” “The stakes are high. If the Biden appointees get their way, and the Dietary Guidelines for Adults say what teetotalling Biden wants” (wanted) – that no amount of alcohol is safe to drink – “it would be devastating not just for the liquor industry, but for restaurants and possibly the US economy as a whole.” So, no nutritional guidelines at all would be necessary if the industry were decimated – no more alcohol consumption allowed. The distiller here is encouraged to read this new article, US Anti-Alcohol Panel Deplatformed (just published September 8, 2025), to see more on the drive for Prohibition, and how the new US government administration might now be dismantling the programs and committees behind the proposals outlined above.
Again, and finally, if sense will prevail, we now turn our attention back to the current TTB guidelines. As indeed noted earlier, the Brewers Association petitioned the Government and commented on various aspects of labeling requirements, including noting allergens, and the ACSA and distillers should look to what the BA has and is doing in this regard. The latest document for discovery noted again as – 90 Fed. Reg. 6651 (January 17, 2025). With the allergens and call for comments (now closed) file here: Notice No. 238: Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages. One publication of immediate use (from 2022) covers a portion of the history of the regulations and where rules need to be applied, available at: https://home.treasury.gov/system/files/136/Competition-Report.pdf. That document also discusses unfair practices deemed to apply to smaller-scale operational brewers and distillers. And an interesting statement, “Regulatory proposals that could serve public health and foster competition by providing information to consumers, such as mandatory allergen, nutrition, and ingredient labeling proposals, have not been implemented.” Indeed, as seen with an extension now on all this until the end of 2025, still no major resolution here. The noted “Competition-Report” will be a useful and informative read for distillers. On the allergens issue – the brewer’s responses to the authorities are noted here: https://cdn.brewersassociation.org/wp-content/uploads/2025/08/15121613/BA_Comments_TTB_Notice_238_Allergens_8_15_25.pdf
In summary. A new version of the US Dietary Guidelines for Adults has been proposed and is supposed to be issued by the end of 2025. We still do not know what these guidelines will finally recommend about alcohol use, if at all. It will take more input by the legal team at ASCA and other agencies to inform distillers of their responsibilities and provide details and guidance as to what and how they will need to test their products for label approval and release for future sales. In much the same way as had been implemented by the Brewers Association for their brewer membership to better understand the issues at hand. The court, as they say, is still out on this one – it seems. If, or once, this is all resolved, we can potentially better guide on the required testing parameters and protocols. It would still be wise, as always, to plan and be informed as to what may be needed to keep production flowing and sales high – assuming we do not enter an era again of Prohibition. If all runs clear, a future paper here will include how to deal with the nutritional measurements dictated by any new finalized mandates.
Acknowledgments. I thank Dr. Kevin McCabe for discussions and leads on potential alcohol health issues, or lack thereof, and for an introduction as to who the Movendi movement is and what they stand for. Again, noting that our earlier paper (unpublished) further detailing the issues promoted by the Movendi Prohibition movement and on other alcohol containing products, including some common foods that might also need to be under an alcohol level prohibition notice, if indeed prohibition does rear its head again in the US and beyond, is available upon request.