> September 26, 2005
>
> Chief, Regulations and Procedures Division
>
> Alcohol and Tobacco Tax and Trade Bureau
>
> P.O. Box 14412
>
> Washington, D.C. 20044-4412
>
> RE: Notice No. 41
>
> [BY FACSIMILE: 202-927-8525]{.underline}
>
> Sirs:
>
> The American Society of Addiction Medicine (ASAM), a professional
> organization of over 3,000 physicians who specialize in Addiction
> Medicine, is pleased to respond to the Bureau's request for comment on
> the proposed "Labeling and Advertising of Wines, Distilled Spirits and
> Malt Beverages", as set forth in Notice No. 41.
>
> The Society joins with other professional organizations in a strong
> recommendation in favor of mandatory, detailed labeling and
> advertising standards, as set forth in the following Memorandum.
>
> Sincerely yours,
>
> ![](media/image1.png){width="3.247916666666667in" height="0.78125in"}
>
> Eileen McGrath, J.D.
>
> Executive Vice President/CEO
>
> EM:jg

MEMORANDUM

TO: ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

FROM: AMERICAN SOCIETY OF ADDICTION MEDICINE (ASAM)

RE: COMMENTS ON NOTICE 41 ON THE LABELING AND ADVERTISING OF WINES,
DISTILLED SPIRITS AND MALT BEVERAGES

The American Society of Addiction Medicine (ASAM) appreciates the
opportunity to comment on the proposed rulemaking on labeling and
advertising of alcoholic beverages.

ASAM's overall position for the Bureau's consideration, is that labeling
would provide important health and safety information for consumers;
that labeling should be mandatory, not voluntary; and that there should
be accompanying mandates for advertising in all its forms so that the
information content of labels that appear on individual beverage alcohol
containers and on packaging for such retail products should also be
displayed in in-store point-of-sale, billboard, print, media, and
internet marketing for such products.

**[Principles that should govern the labeling and advertising of
alcoholic beverages:]{.underline}**

1.  **Labeling and advertising rules concerning important consumer
    information must be mandatory, rather than voluntary.**

> ASAM's position is that consistency and the provision of important
> health information are the primary considerations behind the
> insistence on mandatory rules.
>
> ASAM agrees with the Center for Science in the Public Interest that 1)
> "Voluntary labeling would elevate producer discretion above consumer
> interest or need;" and 2) "Allowing labeling rules to be voluntary
> would permit producers to use labels selectively for marketing
> purposes, rather than for the purpose of providing important specific
> consumer information." These principles apply equally to the content
> of advertising of alcoholic beverages.

2.  **Information labeling and advertising rules for alcoholic beverages
    must be universal and consistent and apply to all alcoholic
    beverages.**

> Currently, all alcoholic beverage containers are required to carry the
> following warning in a separate box in capital letters:
>
> GOVERNMENT WARNING: (1) According to the Surgeon General, women should
> not drink ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF
> BIRTH DEFECTS. (2) CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS YOUR
> ABILITY TO DRIVE A CAR OR OPERATE MACHINERY AND MAY CAUSE HEALTH
> PROBLEMS.
>
> From that point on, labeling requirements and regulation vary
> considerably among the various types of alcoholic beverages and serve
> only to confuse and mislead consumers. It is particularly troubling
> that 1) no beers or any other brewed products are required to list
> alcoholic content, and 2) only wines that have an alcohol content of
> 14% alcohol or more must label their alcoholic content. In addition,
> wines with less than 7% alcohol are regulated by the FDA, rather than
> the TTB.
>
> It is completely appropriate for alcoholic beverages to be regulated
> by the TTB rather than the Food and Drug Administration. Ethyl alcohol
> should not be considered or treated as a food. ASAM recommends that
> all alcoholic beverages, including wines, beers and malt beverages
> with ANY level of ethanol content, should be regulated by the Alcohol
> and Tobacco Tax and Trade Bureau.
>
> With respect to consistency of advertising, ASAM recommends that the
> full spectrum of promotional materials be included in any TTB
> regulations. Thus, the information content of labels that appear on
> individual beverage alcohol containers should extend to the packaging
> materials for such individual containers, to point-of-sale materials,
> to posters and signage placed throughout or outside of the retail
> sales outlet, to promotional material for specific products or
> manufacturers that may appear on vehicles used by alcoholic beverage
> distributors, to billboards, and even to clothing which contains
> copyrighted product logos approved by the manufacture. Television,
> radio, magazine, newspaper, and Internet advertising are important
> vehicles for alcoholic beverage manufacturers and distributors, but
> the full range of promotional vehicles should fall under the
> regulatory language developed by TTB addressing alcoholic beverages of
> all kinds.

3.  **Every effort should be made to avoid conveying any possible
    implication or misunderstanding to consumers, in labels and in
    marketing materials, that alcoholic beverages have nutritional
    value, particularly in relation to certain dietary programs, or that
    drinking, even in moderation, may be beneficial to health.**

> ASAM agrees with the American Medical Association recommendation that
> "there be no claims of alleged health benefits of beverage alcohol
> products and no implied assumptions or impressions that consuming the
> product is part of a healthy lifestyle or part of a weight reduction
> or weight management plan."
>
> The American Society of Addiction Medicine wishes to state
> categorically that ethyl alcohol should not be considered a food.
> While the body's consumption of alcohol does generate calories (units
> of energy-producing potential), ethanol contains no fat, protein, or
> carbohydrate. Label content should reflect these realities.
>
> If labeling or advertising of alcoholic beverages in any way were to
> convey to consumers that the product is a food source, consumers may
> begin to consider alcohol part of the food network and to impute
> various advantages to consuming a particular form of alcoholic
> beverage from a dietary or "nutritional" standpoint.

4.  **The content of labeling and advertising should be precisely
    regulated by the Alcohol and Tobacco Taxation Board.**

> A major goal of mandatory rules must be to incorporate only
> information which will positively impact the health and safety of
> potential consumers. This carries with it the need to avoid
> introducing information which is potentially misleading. Consistency
> is the primary basis for making such information available.
>
> ASAM strongly agrees with other professional organizations that:

-   *All* alcoholic beverages must be labeled for alcohol content in
    volume percent.^1^

-   *All* alcoholic beverage labels should provide serving size and the
    number of servings per container.^1^

-   *All* alcoholic beverage labels should list additives and allergens,
    as do wines which currently indicate the inclusion of sulfites.

> ASAM also recommends that all alcoholic beverage labels should include
> the **[grams of ethanol in each "standard drink.]{.underline}**'[^1]
>
> When manufacturers of alcoholic beverages include labeling addressing
> serving size (stated in fluid ounces of the beverage), there will be
> the opportunity to define, on alcohol labels, the definition of a
> 'standard drink'; ASAM recommends the inclusion of the **[definition
> of a 'standard drink']{.underline}** in the content of alcoholic
> beverage labels, and the number of 'standard drinks' in each container
> intended for retail sale, as a means of useful health education for
> the public.^1^
>
> ASAM strongly believes that labels should include a categorical
> statement that "Alcohol has no intrinsic nutritional value. It
> contains no fat, protein, or carbohydrate. These come from other
> sources. Alcohol does generate calories, the total of which are
> indicated on this label."
>
> ASAM strongly recommends that TTB regulations prohibit any distiller,
> vintner, or brewer from labeling or marketing their alcohol beverage
> product as "low carbohydrate" or "no carbohydrate," terminology which
> could lead to harmful misinterpretation by those pursuing specific
> diets.
>
> Additionally, ASAM recommends that brewers of "light" or low caloric
> beers or "malternatives" should be required to prove 1) that the
> caloric content is below a single, consistent numeric level of
> calories per fluid ounce; and 2) that the difference between the
> company's regular and reduced product meets a certain minimum
> threshold to be established by the Alcohol and Tobacco Taxation Bureau
> for allowing the use of terminology on the reduced caloric product.
> ASAM regards the use of multiple terms such as "light" or "Lite" or
> "low" or "reduced calories" as confusing to consumers and therefore
> undesirable. Ideally, all producers should be required by TTB to use a
> single term (e.g., "Light" may be the most easily agreed upon) to
> denote a product significantly different in caloric content from the
> producers' regular brews.

5.  **Benefits of expanded regulation of alcoholic beverage labeling and
    advertising and marketing by ATTB will exceed the costs**

> CSPI has informed the Bureau that past assessments by the FDA
> regarding nutrition labels and trans-fat labels per sku ("stock
> keeping unit"), when extrapolated to the alcoholic beverage industry,
> would indicate that the cost per unit is insignificant. Using the
> largest wine brand in the U.S. in 2003, CSPI calculated that labeling
> changes would incur a cost of \$0.000677 for each bottle.
>
> ASAM considers the potential educational benefits to consumers to be
> significant in comparison to the cost. Current misleading
> advertisements and claims need to be regulated, as has gradually been
> accomplished in the processed food industry. The mass of
> scientifically based assessments of potential damage to health,
> safety, and productivity from ill-advised consumption of alcoholic
> beverages demand that every effort be made to provide clear, easily
> understood, consistent, and research-based information to consumers.
> Changes in product labeling and marketing materials are an important
> step in that direction.

September 26, 2005

[^1]: These standards were recommended by the American Society of
    Addiction Medicine in its Public Policy Statement on "Labeling,"
    approved by the Board of Directors in April 2005 (www.asam.org).