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September 26, 2005

Chief, Regulations and Procedures Division

Alcohol and Tobacco Tax and Trade Bureau

Attn: Notice No. 41

P.O. Box 14412

Washington, DC 20044-4412

**Federal Register/ Vol. 70, No. 82/ Friday, April 29, 2005/Proposed
Rules**

> **RE: RIN 1513-AB07; Advanced Notice of Proposed Rulemaking Labeling
> and Advertising of Wines, Distilled Spirits and Malt Beverages;
> Request for Public Comment**

The Grocery Manufacturers Association (GMA)[^1] appreciates this
opportunity to offer comments concerning the Alcohol and Tobacco Tax and
Trade Bureau (TTB) advance notice of proposed rulemaking on labeling and
advertising of alcohol beverage products.

**General Comments**

GMA supports mandatory nutrition labeling of alcohol beverage products.
Nutrient information should be limited to include serving size, calorie,
carbohydrate, protein, and fat content.

In the interim, prior to final rulemaking, GMA encourages TTB to
announce that, effective immediately, the alcohol beverage industry may
include nutrition information (serving size, calories, carbohydrate,
protein, and fat content) on the label of alcohol beverage products. For
example, nutrition information could be presented in formats such as
currently required by FDA for diluted wine beverages or as required by
TTB for "light beer." Labeling of this type is clearly permitted under
the First Amendment as interpreted and applied by the Supreme Court in
*Rubin v. Coors Brewing Co*, 514 U.S. 476 (1995). TTB should authorize
and, in fact, encourage its use during this rulemaking process. TTB
could specifically refer to the Nutrition Facts box established by FDA
under 21 C.F.R. 101.9 as a model for such a voluntary program.
Uniformity of nutrient information between TTB and FDA would promote
consumer understanding. Nutrient information should appear on labels in
a font size, style and weight of type that is no less than the size,
style and weight of type currently required by TTB for stating other
mandatory information appearing on the label.

GMA recommends that the nutrition information for alcohol beverage
products be separated from alcohol content information so that consumers
do not view alcohol beverage products as a source of nutrition. TTB
should not include alcohol content as "Nutrition Facts," and should
require all products containing alcohol to include a separate statement
of alcohol content as currently required for distilled spirits and
allowed for wine and beer.

Currently, there's no consistency or continuity in the marketplace for
alcohol beverage products. GMA respectfully notes that currently FDA
regulates diluted wine beverages and cider beverages having less than 7%
alcohol by volume and those beverages are therefore required to display
a nutrition facts panel. On the other hand, those alcohol beverage
products not regulated by FDA (wine beverages having 7% or greater
alcohol by volume, malt beverages and distilled spirits), are not
required to have this same information, even if the alcohol content is
the same. It is difficult to understand why the nutrition information
required on some alcohol beverage products (wine containing less than 7%
alcohol by volume) should not be required on all alcohol beverage
products.

**General Labeling Questions**

**Question 1:** Should TTB seek to require mandatory nutrition labeling
(that is, calories, fat, carbohydrates, and protein) for alcohol
beverage products, or should nutrition information be permitted only on
a voluntary basis?

> GMA supports mandatory nutrition labeling of alcohol beverage
> products. GMA supports TTB's efforts to provide more specific
> information to the consumer and believes nutrition labeling would
> provide useful information for consumers. GMA believes nutrition
> information falls under "what should be considered" adequate
> information as to the identity of the product under the Federal
> Alcohol Administration Act (FAA Act). GMA recommends nutritional
> information be presented on the label as part of a "Statement of
> Average Analysis" as currently required by TTB for "light" beer or by
> FDA for diluted wine beverages. GMA recommends the font size, style
> and weight of type that is no less than the font size, style and
> weight of type currently required by TTB for stating other mandatory
> information appearing on the label.
>
> Consumers would benefit from relevant nutrition information (calories,
> carbohydrate, fat, and protein) on alcohol beverage products, similar
> to nutrient information found on foods and non-alcoholic beverages.
> This information is especially important as all government agencies
> seek to assist consumers in balancing the calories they consume with
> the calories they expend. GMA has been supportive of the 2005 Dietary
> Guidelines and the subsequent release of MyPyramid, which emphasize
> the point that Americans need to "find your balance between food
> intake and physical activity." The Dietary Guidelines stress to
> Americans, "get the most nutrition out of your calories," and go on to
> state, "remember that alcoholic beverages have calories but are low in
> nutritional value," which makes the point that calories are important.
> In the 2005 Dietary Guidelines calories from alcohol are specifically
> categorized as "discretionary calories."
>
> GMA supports mandatory nutrition labeling with allowances for small
> businesses as similar to exemptions FDA permits with regard to food
> and beverage products. GMA believes alcohol beverage products should
> be labeled with nutrient information (calories, fat, carbohydrates,
> and protein) as are food and non-alcoholic beverage products for the
> same reason stated in NLEA: "...to amend its food labeling regulations
> to require nutrition labeling on most food products that are
> meaningful sources of nutrients." According to the 2005 Dietary
> Guidelines for Americans, "In 2002, 55 percent of U.S. adults were
> current drinkers." Since the majority of Americans do drink alcohol
> beverage products, it would be of benefit to them to have, in addition
> to the current alcohol content information required elsewhere on
> labels by TTB, nutrient information available to make informed product
> choices at the point-of --purchase.

**Question 2:** Should TTB seek to require mandatory ingredient labeling
(that is, a list of all ingredients used to make the product, including
processing aids) for alcohol beverage products, or should ingredient
labeling be permitted only on a voluntary basis?

> GMA believes that ingredient labeling should be consistent with FDA
> regulations, 21CFR101.4, with regard to designation of ingredients and
> certain exemptions, including those for processing aids. For example:

3.  *Incidental additives that are present in a food at insignificant
    levels and do not have any technical or functional effect in that
    food. For the purposes of this paragraph (a)(3), incidental
    additives are:*

> *(i) Substances that have no technical or functional effect but are
> present in a food by reason of having been incorporated into the food
> as an ingredient of another food, in which the substance did have a
> functional or technical effect.*
>
> *(ii) Processing aids, which are as follows:*

(a) *Substances that are added to a food during the processing of such
    food but are removed in some manner from the food before it is
    packaged in its finished form.*

(b) *Substances that are added to a food during processing, are
    converted into constituents normally present in the food, and do not
    significantly increase the amount of the constitutents naturally
    found in the food.*

(c) *Substances that are added to a food for their technical or
    functional effect in the processing but are present in the finished
    food at insignificant levels and do not have any technical or
    functional effect in that food.*

> *(iii) Substances migrating to food from equipment or packaging or
> otherwise affecting food that are not food additives as defined in
> section 201(s) of the act; or if they are food additives as so
> defined, they are used in conformity with regulations established
> pursuant to section 409 of the act.*

4.  *For the purposes of paragraph (a)(3) of this section, any sulfiting
    agent (sulfur dioxide, sodium sulfite, sodium bisulfite, potasssium
    bisulfite, sodium metabisulfite, and potassium metabisulfite) that
    has been added to any food or to any ingredient in any food and that
    has no technical effect in that food will be considered to be
    present in an insignificant amount only if no detectable amount of
    the agent is present in the finished food. A detectable amount of
    sulfiting agent is 10 parts per million or more of the sulfite in
    the finished food.*

[]{.mark}

GMA recognizes TTB should have the authority to make any changes that
are necessary given alcohol beverage products are different than food
and non-alcoholic beverages.

[]{.mark}

**Question 3:** What areas need further research and evaluation before
TTB can reach decisions on whether and how changes can be made?

**Question 4:** Are there modifications TTB can make to current
requirements regarding alcohol beverage labels to help consumers better
understand and benefit from the information on the label?

> GMA recommends TTB launch an educational campaign to help consumers
> understand that in addition to alcohol content "alcoholic beverages
> have calories but are low in nutritional value," which make the point
> that calories are important, as stated in the 2005 Dietary Guidelines.
> In the 2005 Dietary Guidelines calories from alcohol is specifically
> categorized as "discretionary calories." GMA recently provided
> comments to FDA regarding prominence of calories on food labels to
> improve ability of consumers to make dietary choices. GMA believes
> this applies to alcohol beverage products as well.

**Question 5:** Should TTB harmonize its alcohol beverage labeling
regulatory requirements with those of other major producing nations,
such as the Member States of the European Union, Australia, and Canada,
and with regulatory schemes of other Federal agencies, such as the Food
and Drug Administration (FDA)? If so, how would that be best done?

> TTB should harmonize its alcohol beverage labeling requirements with
> FDA. TTB should explore the possibility of harmonization of its
> alcohol beverage labeling requirements with other major producing
> nations.

**Question 7:** What should be the agency's priorities in deciding which
changes to make on alcohol beverage labels, that is, which changes are
most important and which are least important?

> GMA strongly encourages TTB to implement changes related to nutrient
> and ingredient labeling in conjunction with changes required for
> allergen labeling. By harmonizing labeling changes in a timely manner
> and at the same time, costly packaging changes incurred by food
> manufacturers are diminished.
>
> []{.mark}

**Composite Label Approaches**

Questions are combined for:

> **A) Petition for "Alcohol Facts" Label and Ingredient Labeling and;**
>
> **B) Requests for Voluntary "Serving Facts" Labeling**

**Question A1:** Should alcohol beverage containers bear an Alcohol
Facts label similar to the one presented in the CSPI petition? Why or
why not?

**Question B1:** Should alcohol beverage containers bear a Serving Facts
label similar to the one presented in this section? Why or why not?

**Question B3:** Should such a label include graphic icons similar to,
but not necessarily limited to, the one presented in this section? Why
or why not?

**Question B11:** Should TTB allow a further breakdown of nutrients (for
example, trans fat, sugars, fiber)?

> GMA recommends nutritional information be presented on the label as
> part of a "Statement of Average Analysis" as currently required by TTB
> for "light" beer or by FDA for diluted wine beverages. Calorie,
> carbohydrate (grams), fat (grams), protein (grams), should be
> included. TTB should not allow a further breakdown of nutrients (for
> example, *trans* fat, sugars, fiber). TTB should not include any
> statement of alcohol content as part of "nutrition facts", and should
> determine the best way to label alcohol content information.
>
> Wine products with less than 7% alcohol by volume are regulated by FDA
> and are required to label with the nutrition facts panel. These
> products, along with all other alcoholic beverage products, are
> customarily displayed in a separate, distinct area of the grocery
> store to distinguish them from other food and beverage products. TTB's
> rulemaking on nutrition labeling of alcohol beverage products should
> be reflected on all alcohol beverage products, regardless of alcohol
> content, to maintain consistency so consumers are no longer confused
> by differences on the label between beverage alcohol products.
>
> The label should be similar in format to the ingredient statements on
> food labels.

-   Should TTB allow the Dietary Guidelines statement on the label?

> GMA agrees with current FAA regulations that "prohibit the use of any
> health-related statements in the labeling and advertising of alcohol
> beverages, if such statements are untrue in any particular or tend to
> create a misleading impression."
>
> The Dietary Guidelines statement provides useful guidance to consumers
> on the amount of alcohol that FDA concludes represents a moderate
> amount. Some manufacturers may prefer not to provide this statement
> because alcohol beverage products are required by law to carry two
> different warning statements. Therefore, TTB should not make it
> mandatory to carry the Dietary Guidelines statement on beverage
> alcohol products. The warning statements required by law:
>
> 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 OUR
> ABILITY TO DRIVE A CAR OR OPERATE HEAVY MACHINERY, AND MAY CAUSE
> HEALTH PROBLEMS.

**Question B2:** Should such a label include a definition of a "standard
drink" and if so, how should a "standard drink" be defined?

**Question B12:** Does the use of "standard drink" and "serving size" on
the same label create confusion? Does any confusion arise if a label
specifies ounces of alcohol in conjunction with serving sizes and
percent alcohol?

> GMA recommends that the label not include a definition of "standard
> drink" nor the graphic illustration of a "standard drink." Having both
> terms, "standard drink" and "serving size," on the same label creates
> confusion and is misleading for consumers. The alcohol content of
> products varies too greatly to provide a "standard drink" definition
> and would mislead consumers into thinking that there are equivalent
> amounts of alcohol within the three categories of alcohol beverage
> products. Alcohol beverages in almost all classes and types have a
> wide range of alcohol content. Wine products range in alcohol content
> from approximately 7% to 22%. Distilled spirits range in alcohol
> content from approximately 6% to 80% alcohol by volume. Beer and other
> malt beverages range in alcohol content from 1.0% to 9.5% alcohol by
> volume.
>
> GMA disagrees with using any of the graphic symbols (i.e. beer mug,
> wine glass, shot glass) as shown in the Federal Register notice on
> either a voluntary or mandatory basis because it is unnecessary and
> burdensome, as well as misleading. The declaration of alcohol by
> volume statement makes it clear the product is an alcohol beverage
> product. Furthermore, adults purchasing alcohol beverage products must
> be at least 21 years of age.
>
> The serving sizes should be 12 fl. oz. for malt beverages, 5 fl. oz.
> for wine, and 1.5 fl. oz. for distilled spirit products. For single
> serve containers (i.e. bottles, cans, etc.) that are larger than the
> serving size as defined above, but smaller than two servings, GMA
> recommends the product should be labeled as one serving. The nutrition
> facts should provide only nutrient information, and provide that
> information based on the entire container (i.e. 16 fl. oz. bottles, 20
> fl. oz. cans)
>
> GMA supports the flexibility for manufacturers to provide nutrient
> information for single serving packages in a variety of ways such as a
> dual column format. GMA and its members feel that manufacturers should
> **not** be required to provide nutrition information on **an entire
> package basis only** because that would give consumers "permission,"
> or even "encouragement," to drink the entire package. The nutrition
> facts should reflect federal dietary recommendations on the amount
> consumers could drink.

**Question A5:** Should current alcohol content statement labeling
requirements be expanded to cover wines with an alcohol content of 14%
alcohol by volume or less and malt beverages?

> Alcohol content for all beverages should be provided for on the label
> as is required for other alcohol beverage products in the current
> regulations of the FAA Act (sections 105(e) and 105(f)).

**Question B5:** If mandatory, should there be any exemptions from the
alcohol facts and ingredient labels, such as for small businesses or for
small containers?

> TTB should model exemptions for small businesses or for small
> containers on FDA regulations that are similar and apply.

**Question A9 and B10:** Are there alternatives to mandatory alcohol
facts and ingredient labeling for alcohol beverages? For example, if a
label lists a Web site or telephone number where a consumer could obtain
such information about the product, would this be sufficient?

> GMA supports mandatory nutrition information on the label available at
> the point-of-purchase.

**Allergen Labeling**

Please see the attached GMA comments submitted to the FDA Threshold
Working Group Draft Report (June 2005), *Approaches to Establish
Thresholds for Major Food Allergens and for Gluten in Food (*Docket No.
2005N-0231)

**Calorie and Carbohydrate Content**

**Question 1:** Should TTB promulgate regulations that define "low
carbohydrate" for alcohol beverage products as containing no more than 7
grams of carbohydrates per standard serving size, as specified in Ruling
2004-1? Why or why not?

> GMA supports TTB considering FDA's definition of "low carbohydrate."
> Until FDA promulgates rulemaking on the definition of "low
> carbohydrate" GMA supports TTB interim guidelines for the definition
> of "low carbohydrate" defined as 7 grams carbohydrate per serving.

**Question 2:** Should TTB continue to prohibit use of the terms
"effective carbohydrates" and "net carbohydrates" on labels and in
advertisements? Why or why not?

TTB should defer to FDA and wait for FDA's decision on these matters.

**Question 3:** Should TTB wait for the conclusion of FDA's regulatory
decision-making process for the use of the term "low carbohydrate" for
food and beverage products FDA regulates before issuing regulations on a
low carbohydrate standard for alcohol beverage products?

> GMA supports TTB interim guidelines for the definition of "low
> carbohydrate" defined as 7 grams carbohydrate per serving until FDA
> promulgates rulemaking on the definition of "low carbohydrate." GMA
> supports TTB considering FDA's definition of "low carbohydrate."

**Question 4:** How should TTB define the terms "low calorie" and
"reduced calorie" for alcohol beverage products? Should we propose
standards for these claims consistent with FDA's standards? Should we
develop our own alternate set of standards and, if so, what should they
be?

> FDA defines the terms "low calorie" and "reduced calorie" in 21 C.F.R.
> 101.60(b) and 105.66. FDA defines "low calorie" as 40 cal or less per
> reference amount. FDA defines "reduced calorie" as at least 25% fewer
> calories per reference amount than an appropriate reference food. TTB
> should utilize the same criteria for these claims that FDA has
> established in these regulations. GMA appreciates, however, that terms
> of this type must, in appropriate situations, be tailored to the
> specific food products involved. GMA respectfully notes that neither
> term, "low calorie" nor "reduced calorie," are present in the
> marketplace for malt beverages, wine, or distilled spirits.

**Question 5:** Should TTB establish regulations for the use of the
terms "light" and "lite" on alcohol beverage labels? If so, should we
propose standards for these claims consistent with FDA's standards? How
would these standards apply to products for which the term "light" is
part of the standard of identity (such as "light whisky" or "light
wine")?

> Nutrient content claims for alcohol beverage products should be
> consistent with FDA's definitions as much as possible. Under 21 C.F.R.
> 101.56, FDA has established the requirements for use of the terms
> "light" or "lite." The FDA defines "light" or "lite" as it pertains to
> calories is: "calories reduced at least 1/3 per reference amount." If
> the current FDA definition was applied to lite beer, current food
> technology does not permit the development of products acceptable to
> consumers that meet the FDA definition set at 1/3 less calories per
> reference amount. Since the FDA standard cannot, from a food
> technology standpoint be met because of current formulation
> limitations and the inability to market a palatable product, GMA
> recommends the definition for "light" or "lite" beer represent a
> different definition.
>
> GMA found that the marketplace has adopted the term "light" or "lite"
> to represent calorie reduction in beer. "Lite" beer is the term used
> to characterize a reduced calorie beer. The term "reduced" calorie is
> not present in the marketplace for beer.
>
> It is our understanding, however, that the terms "light" and "lite"
> mean different things to consumers when used in conjunction with beer
> as contrasted with wine. As previously noted, a "light" or "lite" beer
> refers to a caloric reduced beer, but a light wine refers to an
> alcohol reduced wine. Accordingly, TTB should make it clear that these
> terms have different meanings for different products.

Sincerely,

![](media/image2.png){width="2.875in" height="0.8909722222222223in"}

Alison Kretser\
Sr. Director, Scientific and Nutrition Policy

[^1]: The Grocery Manufacturers Association (GMA) represents the world's
    leading branded food, beverage and consumer products companies.
    Since 1908, GMA has been an advocate for its members on public
    policy issues and has championed initiatives to increase
    industrywide productivity and growth. GMA member companies employ
    more than 2.5 million workers in all 50 states and account for more
    than \$680 billion in annual sales. The association is led by a
    board of member company chief executives. For more information,
    visit the GMA Web site at
    [www.gmabrands.com](http://www.gmabrands.com/).