Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration: Guidance for Industry; Availability

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The Food and Drug Administration (FDA) is announcing the availability of a guidance entitled "Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration." The document provides guidance to industry on how to label bottled or otherwise packaged beers that are subject to FDA's labeling laws and regulations. This guidance is being issued in light of the ruling by the Alcohol and Tobacco Tax and Trade Bureau (TTB) (formerly the Bureau of Alcohol, Tobacco, and Firearms) (TTB Ruling 2008-3, dated July 7, 2008) clarifying that certain beers do not meet the definition of a "malt beverage" under the Federal Alcohol Administration Act (FAA Act). Because these beers are not subject to the labeling provisions of the FAA Act, they are subject to the labeling provisions of the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act.