LABELING AND ADVERTISING MALT BEVERAGES
Brewers, Importers, Wholesale
Malt Liquor Dealers and
Others Concerned:
Purpose. This circular is to inform industry members that
ATF Rul. 76-1, which deals with the caloric representations made
in the labeling and advertising of malt beverages, was published
in the Alcohol, Tobacco and Firearms Bulletin for January 1976.
The ruling reads as follows:
The Bureau of Alcohol, Tobacco and Firearms has been
asked to comment on its present position on caloric and
carbohydrate references in malt beverage labeling and
advertising.
Section 5(e) and 5(f) of the Federal Alcohol Admin-
istration Act, implemented by regulations in 27 CFR 7.29
and 7.54, relate to prohibited statements and practices
in the labeling and advertising of malt beverages. In
general, the FAA Act and regulations prohibit the use of
certain statements in advertisements in interstate com-
merce, or advertisements that are calculated to induce
sales in interstate commerce, and the use of any such
statements on labels of malt beverages introduced into
interstate commerce, if the laws of the state into
which the malt beverages are to be shipped impose simi-
lar requirements. Prohibited statements include those
that are untrue in any particular; that, irrespective of
falsity, tend to create a misleading impression; that
are disparaging of a competitor's product; or that imply
that the use of any malt beverage has curative or thera-
peutic effects.
In 1955, the Alcohol and Tobacco Tax Division of
the Internal Revenue Service (a predecessor agency
administering the FAA Act) completed a consumer survey
to determine whether misleading implications were made
through malt beverage advertising. It found that a
substantial percentage of the consumers contacted re-
ceived the impression that so-called "Low Calorie" beers
were either entirely non-fattening or at least negligible
in calorie content; that they were less fattening than
other competitive beers; that the consumer could lose
weight by drinking them; that these products were approxi-
mately equal in food value to the food items with which
their calorie content was compared; or that the advertised
product could be substituted for such food items with the
same nutritional results. In view of this, the industry
was advised in Industry Circular 55-7 and in Revenue
Ruling 55-404, C.B. 1955-1, 615 (Internal Revenue), of the
misleading aspects of low calorie themes and was requested
to promptly desist from the use of any further references
to the calorie content of their products and to more
specific implications, however made, that their products
were non-fattening or virtually so.
During the 1960's, the Alcohol and Tobacco Tax Divi-
sion held extensive conferences with the Food and Drug
Administration concerning the labeling of various so-called
"Low Calorie - Low Carbohydrate" beers being introduced
into the commercial market. By mutual agreement, state-
ments of average analysis on labels for these beers were
permitted, provided no further carbohydrate claim was made.
However, a truthful caloric comparison between a low
calorie product and that of an equal volume of the brewer's
regular beer was permitted to be shown as for example:
"96 calories - 1/3 fewer calories than our regular beer."
While this position is generally being adhered to,
we have recently had to correct advertising that far
exceeded allowable claims. Because of this and numerous
industry inquiries we feel it necessary to issue a formal
ruling.
Held, caloric and carbohydrate representations made
in labeling and advertising of malt beverages without
qualification are considered to be misleading and con-
trary to the provisions of 27 CFR 7.29(e) and 7.54(e),
since they create the impression that the product has
value as a dietary aid.
The Bureau will not sanction any labeling or adver-
tising references which indicate or imply the presence
of calories or carbohydrates in malt beverage products,
unless such references are a part of, or are made in
conjunction with, a truthful statement of average analysis.
For example:
12 oz size - average analyses |
Calories |
------------96 |
Carbohydrates |
------------2.8 grams |
Protein |
------------0.9 grams* |
Fat |
------------0.0 grams* |
* Same as our regular beer
However, the Bureau will permit a truthful statement
of caloric comparison between the low-calorie product and
an equal volume of the brewer's regular beer, such as
"96 calories - approximately 1/3 fewer calories than our
regular beer." Where such a statement of caloric com-
parison appears in advertising material other than in the
statement of average analysis, the bottle contents, e.g.,
"per 12 oz bottle (serving)" must be included as a part
of such statement, in equally conspicuous lettering or
audio presentation.
A reasonable time will be allowed for the revision of
labels or the preparation of substitute advertising copy
to conform to the requirements of this ruling. However,
the transition should be effected as expeditiously as
possible.
Rev. Rul. 55-404, C.B. 1955-1, 615 (Internal Revenue),
is superseded.
Inquiries. Inquiries concerning this circular should refer to
its number and be addressed to the Assistant Director, Regulatory
Enforcement, Bureau of Alcohol, Tobacco and Firearms,
1200 Pennsylvania Avenue, NW., Washington, D.C. 20226.
![Rex Davis](https://webarchive.library.unt.edu/eot2008/20090117205905im_/http://ttb.gov/images/rex_davis.jpg)
REX D. DAVIS
Director
GPO 899-326 |