FDA and Gluten-Free Labeling

October 16, 2020

The FDA finalized regulations governing gluten-free claims for fermented foods. The rule applies to alcoholic beverages that fall within the FDA’s primary labeling jurisdiction. Companies must come into compliance no later than August 13, 2021. The new rule effectively prohibits gluten-free claims on fermented products that were not gluten-free from the start of the production process. But beers made without gluten-containing grain (e.g., beers made from rice) are allowed to use the term gluten-free so long as the manufacturer and product meet certain other requirements under the new regulations. But, when it comes to distilled products, it’s a different story. […]

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CBD and Alcohol

October 14, 2020

Regarding CBD oil in beer, the TTB has issued a statement about beer that contains these cannabis-related additives. The statement unequivocally provides that there will be no approval of formulas that include substances illegal under the Controlled Substance Act. Hemp, however, is not banned by the CSA and, therefore, hemp or its derivatives may be used in alcoholic beverages, assuming certain conditions are satisfied, i.e., formula approval (all sales) and COLA (only interstate sales). But in order for the formula to be approved, the hemp component must be one of three GRAS (Generally Recognized As Safe) ingredients. The FDA has […]

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Direct-to-Consumer Sales

September 25, 2020

Certainly one of the most prominent and pressing issues of the day is that of direct-to-consumer sales – that is, either sales directly from a supplier to a consumer or sales from an out-of-state supplier or retailer to an in-state consumer. It is more the latter of the two causing attorneys general across the country heartburn. Before we dive into at a few cases that highlight the issues involved, let’s go over the logistics of such a sale. As an example, a consumer might go to the website (fictitious), which is a website the offers browsers the ability to […]

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