LABEL STATEMENTS, ADVERTISING, AND
ANALYTICAL TOLERANCES FOR MALT
BEVERAGES
Brewers, Importers, Wholesale Malt Liquor Dealers and Others Concerned:
Purpose. The purpose of this circular is to inform industry
members that ATF Ruling 79-17 is modified and superseded by a new
ruling which will be published in a future quarterly issue of the
Alcohol, Tobacco and Firearms Bulletin. The new ruling will read
substantially as follows:
ATF Ruling 79-17 dealt with statements of caloric and carbohydrate
content in the labeling and advertising of malt beverages.
Specifically, ATF Ruling 79-17 held that the Bureau will not
sanction any caloric or carbohydrate references on labels that do
not contain a statement of average analysis. Also, ATF Ruling
79-17 required an average analysis statement on all labels for
malt beverages using the word "light" (or "lite") as part of the
brand or product name. In addition, previously approved certificates
of label approval for malt beverages which did not comply with
the ruling were allowed until December 31, 1979.
The Bureau was asked to reconsider its position with respect to
an average analysis statement on all labels for malt beverages
using the word "light" or "lite" as part of the brand and product
name. Numerous malt beverages utilize the words "light" or
"lite" as a color connotation. The Bureau also received a number
of inquiries relating to average analysis statements on quarts or
larger containers of malt beverages.
The Bureau has reconsidered its position with respect to requiring
an average analysis statement on labels for malt beverages using
the word "light" or "lite" as part of the brand or product name.
We have decided to thoroughly air the issue in a rulemaking
proceeding. Further, the Bureau recommends that the average
analysis shown on labels should be for the amount of malt beverage
in the labeled container. If the container is more than 12 fl.
oz. the analyzed amount should be stated per container size or
per serving size, e.g., 12 fl. oz. No average analysis is required
to appear on kegs. Additionally, the use-up period for previously
approved certificates of label approval has been lengthened to
August 1, 1980.
Accordingly, Ruling 79-17 is restated below in its entirety with the
modifications noted above.
The Bureau of Alcohol, Tobacco and Firearms has been asked to review
its present position regarding statements of caloric and carbohydrate
content in the labeling and advertising of malt beverages.
CALORIC and CARBOHYDRATE CONTENT
Sections 5(e) and 5(f) of the Federal Alcohol Administration Act,
implemented by regulations in 27 CFR, Part 7 for malt beverages,
relate to prohibited statements and practices in labeling or adver-
tising. In general, the FAA Act and implementing regulations pro-
hibit the use of certain statements on labels of malt beverages
introduced into interstate commerce, and the use of such statements
in advertisements that are calculated to induce sales in interstate commerce, if the laws of the State into which the malt beverages are to be shipped impose
similar requirements.
Prohibited statements include those that are untrue in any partic-
ular; 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 therapeutic
effects.
The Bureau has held (ATF Ruling 76-1, 1976 ATF C.B. 82) that
labels and advertising for malt beverages could not state or imply
the presence of calories unless such reference was specified either
as part of an average analysis or in comparison with the brewer's
regular product. ATF Ruling 76-1 also held that any labeling or ad-
vertising references relating to the carbohydrate content of these
products could only appear as a part of a statement of average
analysis.
In reviewing its position, the Bureau has found that specifying the
caloric content of the product in comparison to the brewer's regular
product is no longer essential to give the consumer a point of
reference. Also, the Bureau has determined that carbohydrate refer-
ences should be handled in the same manner as caloric references.
Held, caloric and carbohydrate representations made without quali-
fication in the labeling and advertising of malt beverages are consid-
ered to be misleading and contrary 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 caloric or carbohydrate references
on labels that do not contain a statement of average analysis.
The average analysis shown on labels may be stated per container
size if the container is 12 fl. oz. or less. For example, the
average analysis for a 7-ounce container may read:
PER 7 FL. OZ. - AVERAGE ANALYSIS |
Calories |
56 |
Carbohydrates |
1.6 grams |
Protein |
0.5 grams |
Fat |
0.0 grams |
If the container is more than 12 fl. oz. the analyzed amount may be
stated per container size or per serving size, e.g., "per 12 fl. oz."
For example, the average analysis for a quart container may read:
PER 12 FL. OZ. - AVERAGE ANALYSIS |
Calories |
96 |
Carbohydrates |
2.8 grams |
Protein |
0.9 grams |
Fat |
0.0 grams |
All statements of average analysis should include container size or
serving size. No average analysis is required to appear on kegs.
The average analysis statement will be optional in advertising.
In addition to the above, but not in lieu of the statement of average
analysis on labels, the Bureau will permit statements of caloric or
carbohydrate content such as "contains 96 calories per 12 ozs." on
any label and in any advertising of malt beverage products. The
serving size, e.g., "per 12 fl. oz.," must be specified for any such
caloric or carbohydrate statement.
Held further, specific caloric and carbohydrate comparisons may be
made in advertising between a malt beverage labeled in accordance
with this ruling and an equal volume of a competitor's product labeled
in accordance with this ruling. The comparison may not be either
misleading or disparaging of a competitor's product. Additionally,
a brewer may compare, on labels and in advertising, the calories and
carbohydrates of a malt beverage he has produced and labeled
in accordance with this ruling and an equal volume of his
regular beer.
Examples of allowable comparisons are as follows: "96 calories per
12 ozs.--48 calories (or 1/3) less than competitor's name Light Beer";
"2.8 grams carbohydrates per 12 ozs.--1.4 grams (or 1/3) less than
competitor's name Light Beer"; "Brand name contains 96 calories per
12 ozs. while competitor's name Light Beer contains 106 calories
per 12 ozs."; "Brand name contains 2.6 grams carbohydrates per 12 ozs.
while competitor's name Light Beer contains 3.0 grams per 12 ozs.";
"90 calories per 12 ozs.--45 calories (or 1/3) less than our regular
beer"; "2.6 grams carbohydrates per 12 oz.--1.3 grams (or 1/3) less
than our regular beer."
Previously approved certificates of label approval for malt beverages
which bear caloric or carbohydrate representations but not statements
of average analysis may be used until August 1, 1980. At that time
the certificates must be returned for cancellation. A reasonable
amount of time will be allowed for the preparation of substitute
advertising copy to conform with the requirements of this ruling.
However, the transition should be effected as expeditiously as
possible.
TOLERANCES
The Bureau has determined that tolerance ranges are required
with respect to labeled statements of caloric, carbohydrate, protein,
and fat contents for malt beverages. The intent of these tolerances
is to provide for normal production and analytical variables while
continuing to ensure that the labeling is not misleading to the
consumer.
Held, the statement of caloric content on labels for malt beverages
will be considered acceptable as long as the caloric content, as
determined by ATF analysis, is within the tolerance +5 and -10 cal-
ories of the labeled caloric content. For example, a label showing
96 calories will be acceptable if ATF analysis of the product shows a
caloric content between 86 and 101 calories.
Held further, the statements of carbohydrate and fat contents on
labels for malt beverages will be considered acceptable as long as
the carbohydrate and fat contents, as determined by ATF analysis, are
within a reasonable range below the labeled amount but, in no case,
are more that 20% above the labeled amount. For example, a label
showing 4.0 grams carbohydrates will be acceptable if ATF analysis of
the product shows a carbohydrate content which is under 4.0 grams
(within good manufacturing practice limitations) but not more than
4.8 grams.
Held further, the statement of protein content on labels for malt
beverages will be considered acceptable as long as the protein content,
as determined by ATF analysis, is within a reasonable range above
the labeled amount but, in no case, is less than 80% of the labeled
amount. For example, a label showing 1.0 gram protein will be accept-
able if ATF analysis of the product shows a protein content which is
more than 1.0 gram (within good manufacturing practice limitations)
but no less than 0.8 gram.
Certificates of label approval which are not in compliance with this
ruling must be returned for cancellation after August 1, 1980.
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, DC 20226.
Director
GPO 869 518
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