All malt beverage labels must include a class and type designation or, for malt beverage specialty products, a fanciful name and a statement of composition that accurately reflects the components of the malt beverage.
Read on to learn more about:
- Class and type designations for non-flavored malt beverages,
- Alternate type designations for flavored malt beverages exempted under TTB Ruling 2015-1,
- Statements of composition for malt beverage specialty products,
…and how your malt beverage may be labeled to satisfy the requirement for a class, type, or other designation.
What is a class and type designation?
The class and type designation is based on trade understanding of the characteristics generally attributed to the particular class and/or class and type of malt beverage. See 27 CFR 7.141.
What are the class and type requirements if my product is not known to the trade?
If a malt beverage is not known to the trade under a particular designation, the regulations require that a fanciful name together with a truthful and adequate statement of composition appear on the label as the statement of class and type. See 27 CFR 7.147.
What are acceptable class and type designation for malt beverages?
Any malt beverage may bear the class designation “malt beverage.” “Beer,” “lager beer,” “lager,” “ale,” “porter,” or “stout,” are all examples of class designations that may be applied to malt beverages containing 0.5% or more of alcohol by volume, provided the product is known to the trade under that designation. See 27 CFR 7.141–7.142. Malt beverages with less than 0.5% alcohol by volume must be designated as “malt beverage,” “cereal beverage,” or “near beer.” See 27 CFR 7.145.
For a more detailed list of classes and types of malt beverages, see 27 CFR 7.143 and Chapter 4, Class and Type Designation of the Malt Beverage - Beverage Alcohol Manual.
Malt beverages not known to the trade under a particular designation a must bear a fanciful name together with a truthful and adequate statement of composition. A statement of composition must include the base class and added flavoring or coloring materials, and any added artificial sweeteners. See 27 CFR 7.147.
Example:
On the above label to the left, “IPA” is not sufficient as a class and type statement. The examples on the right have been brought into compliance due to the addition of "ale" or "India Pale Ale" on the label.
In the example above, “IPA” is used. Is “IPA” acceptable as a class and type?
“IPA” typically refers to “India Pale Ale,” which is a distinctive class and type of malt beverage (see 27 CFR 7.146(b)). However, TTB does not consider the acronym “IPA” to be a recognized class and type. If it appears on the label by itself, then it must be qualified by a class designation elsewhere on the label, such as “ale,” “beer,” “India Pale Ale,” etc.
Is my malt beverage considered to be geographically significant?
Malt beverages labeled with geographical names must be produced in the particular region indicated by the name, unless TTB has found that the name has lost its geographical significance.
Geographically significant malt beverage styles produced outside the country or region indicated by the name must be properly qualified with the word “type,” “style,” “American,” “Product of USA,” or some other statement indicating the true place of production. For example, an ale produced in the United States may not be labeled as a “Belgian Ale” without the proper qualification, such as “Belgian Style Ale.” See 27 CFR 7.146.
What rules apply to distinctive types of malt beverages with geographical names?
Malt beverages with geographical names are subject to the regulations in 27 CFR 7.146 and must be properly qualified. Geographical names recognized as significant and/or generic are identified in the aforementioned regulations, Chapter 4, Class and Type Designation of the Malt Beverage - Beverage Alcohol Manual, and in this TTB malt beverage labeling document.
What rule applies if my product is made using exempt ingredients and/or traditional processes under TTB Ruling 2015-1?
TTB Ruling 2015-1 lists the ingredients and processes that TTB has determined to be traditional in the production of fermented products, and thus do not require formula approval from TTB. The ruling applies only to products that meet the definition of malt beverage under the FAA Act (i.e., products that are made from both malted barley and hops, see also 27 CFR 7.6) and the definition of beer in 27 CFR part 25, and otherwise meet the requirements outlined in the ruling.
Attachment 1 of TTB Ruling 2015-1 lists the ingredients and processes that have been determined to be traditional. Attachment 2 of the ruling sets forth general guidelines and examples of labeling designations in accordance with trade understanding for products covered by the ruling.
Does TTB Ruling 2015-1 apply to all forms of exempted ingredients?
No, in certain cases not all forms of an ingredient may be exempt. For instance, extracts, essential oils, and syrups may contain alcohol or other ingredients, and their use in a malt beverage product will still require a formula submission.
Listings for ingredients exempt from formula requirements under Attachment 1 of TTB Ruling 2015-1 generally cover juice, puree, concentrate, or whole forms of the fruit, herb, vegetable, etc.
If I produce a malt beverage with an ingredient or aging process that is exempt under TTB Ruling 2015-1, does this mean it must always be disclosed on the label?
With the exception of several exempted ingredients (brown sugar, candy/candi sugar, lactose, maple sugar/syrup, molasses/blackstrap molasses, and sodium chloride*), the malt beverage label class and type designation (such as “malt beverage,” “ale,” etc.) must appear with a modifier or explanation that provides the consumer with adequate information about the fruit, spice, honey, or other food ingredient or aging process that was used in product. See 27 CFR 7.144 and Attachment 2 of TTB Ruling 2015-1 for examples of adequate and inadequate class and type designations in accordance with trade understanding.
* For instance, an acceptable class and type designation for a standard malt beverage brewed with brown sugar may be labeled using an unmodified designation, such as “beer,” “ale,” “porter,” etc. “Beer brewed with brown sugar” also would be sufficient in this case.
Currently, wood aging, as described on page 5 of Attachment1 of TTB Ruling 2015-1, is the only process recognized as traditional. Class and type designations for malt beverages aged using wood as described in the ruling may, but are not required to, include a description of how the product was aged.
Example:
The diagram above shows three different acceptable designations for a standard beer aged in a wine barrel.
However, if a barrel-aged malt beverage product was also made with an ingredient that is exempted from formula requirements under TTB Ruling 2015-1, the class and type designation must provide the consumer with adequate information about the ingredient used in the product. For example, a malt beverage that is a standard ale with coriander and aged in a whiskey barrel, the designation “Whiskey barrel aged Ale” or simply “Ale” would not be a sufficient class and type designation. The designation must make reference specifically to the use of coriander or more generally to the use of a spice, as illustrated in the examples below.
Example:
On the above label to the left, “Ale Aged in a Whiskey Barrel” is not an acceptable designation for a malt beverage that also has coriander added. The examples on the right are all acceptable designations for an ale brewed with coriander and aged in a whiskey barrel.
When is a TTB Ruling 2015-1 class or type designation considered misleading?
The class and type designation that appears on the label must be in accordance with trade understanding and adequately identify the product in a non-misleading manner. It is the responsibility of the brewer/bottler or importer of malt beverages to ensure the label is truthful and accurate and be prepared to substantiate any information or claims found on the label.
Depictions or representations on labels are considered to be misleading if they imply that a particular ingredient is used in the production of the malt beverage when it was not used. Additionally, designations that create a misleading impression as to the identity of the product by emphasizing certain words or terms are prohibited. See 27 CFR 7.144.
Example:
What are the labeling requirements for malt beverages made with exempt ingredients or processes determined to be traditional as per TTB Ruling 2015-1?
The class and type designation that appears on the label should include the base product (such as “malt beverage,” “beer,” etc.) and enough information to make it clear that the product contains at least one of the ingredients exempted under TTB Ruling 2015-1.
For example, for a malt beverage that was produced as an ale with the addition of cherry juice and the spices cinnamon and nutmeg, the label designation may:
- Identify each ingredient (“Ale with cherry juice, cinnamon and nutmeg”), or
- Refer to the ingredients by category (such as “Fruit ale,” “Spiced ale,” or “Ale with natural flavors”), or
- Use the ingredient that best exemplifies the product (such as “Cherry ale,” “Cinnamon ale,” or “Nutmeg ale”).
The designation must distinguish the product from one that is not brewed or flavored with any of these ingredients; thus, unmodified designations, such as “malt beverage,” “beer,” “ale,” or “stout,” would not adequately describe the malt beverage product and would not be acceptable.
Lastly, all parts of the designation must appear together and be readily legible on a contrasting background. See 27 CFR 7.144.
Example:
On the above label to the left, the example shows an unacceptable designation for an ale brewed with raspberry puree. The examples on the right are all acceptable designations for such a malt beverage product.
Does my product require a formula?
Formula approval is most commonly required when a product has added flavoring or coloring materials, non-exempted ingredients, or non-traditional processes. See 27 CFR 25.55 and TTB Ruling 2015-1. You may check to see if your product requires a formula by using the online tool “Which Beer and Malt Beverages Require Formula Approval.”
In addition, TTB G 2016-1A list the types of beers and malt beverages that require formula approval or formula approval with laboratory sample analysis.
NOTE: When formula approval is required, it should be obtained prior to applying for a COLA. In the case of domestic beers, brewers generally also must obtain formula approval prior to production.
What are the labeling requirements for formulated malt beverages?
Formulated malt beverages are products that contain non-exempted flavoring, coloring components, and/or compounded flavors, or otherwise require a formula under 27 CFR 25.55 (also see TTB’s beer and Malt Beverage Formula Tool). Often, such products are also not known to the trade under a class designation such as “malt beverage,” “beer,” “ale,” or “stout” and are therefore considered malt beverage specialty products. COLAs for malt beverage specialty products must bear a distinctive or fanciful name together with an adequate and truthful statement of composition of the product, which is deemed to be the class and type designation. See 27 CFR 7.147.
As part of the formula approval, TTB will provide a suggested statement of composition for the product designation if necessary, such as “malt beverage with natural flavors.” The suggested statement on the label may be modified by the brewer/bottler to be more specific, but the label information must still be consistent with the approved formula. Generally, the label must contain:
- A class designation;
- Disclosure of the presence of any flavor(s); and
- Disclosure of certain color ingredients and additives, if applicable.
See 27 CFR 7.144. Additionally, an alcohol content statement must appear on the label if the malt beverage derives alcohol from any added flavor or other added non-beverage ingredient (other than hops extract). See 27 CFR 7.65.
Example:
On the label above, elderberries are not exempted under TTB Ruling 2015-1 and therefore require formula approval. As a formulated malt beverage, a statement of composition and fanciful name are required to appear on the COLA application and label, as shown in the compliant version on the right.
When can the statement of composition state “brewed with” or “fermented with” for formulated malt beverages?
In the statement of composition, “brewed with” or “fermented with” may be used only when the ingredient(s) are added before or during the fermentation process (i.e., during the boil, fermentation, or when added to the fermenter). If the ingredient(s) are added during the finishing stages or to the brite tank, then these references may not be used. Instead, “with” or “flavored with” would be sufficient alternatives to use in the statement of composition. The stages at which each ingredient is added is verified during the formula approval process.
Examples:
For formulated products, what rules apply if I want to refer to the aging of a product as part of the class and type?
Labeling claims or descriptions about wood aging are optional on labels for formulated and non-formulated products. Examples and guidance are provided in 27 CFR 7.143(h) and Attachment 2 to TTB Ruling 2015-1.
When is a class and type misleading for formulated products?
The class and type designation that appears on the label must be in accordance with trade understanding and adequately identify the product in a non-misleading manner.
Class and type designations are considered to be misleading if they imply that a particular ingredient is used in the production of the malt beverage when it was not used.
Example:
A malt beverage product contains two natural flavors and two artificial colors (a certified color (FD&C Blue #1) and caramel color), which must be disclosed in the statement of composition on the label. See 27 CFR 7.147. TTB will provide a simple, general statement of composition for the product label when the formula application is approved and returned to the applicant.
- TTB’s suggested statement of composition may be:
- “Malt Beverage with Natural Flavors and Artificial Colors”
- Alternatively, a more specific statement of composition for the flavor groups may appear, such as:
- “Pale ale with mango and mint flavors and artificial colors”
- However, a statement of composition, such as “Pale ale with mango and mint flavors” would be misleading because the presence of the color additives are not accurately reflected.
Misleading Designations
Designations are also misleading if they emphasize one element in a way that could be misleading as to the identity of the product. For instance, malt beverages aged in barrels previously used in the production or storage of distilled spirits or wine may not include misleading representations that imply that a malt beverage contains distilled spirits or wine, or is a distilled spirits or wine product (see 27 CFR 7.102, 27 CFR 7.122, and 27 CFR 7.128). Examples of designations that would be prohibited under this provision are “Bourbon-flavored lager,” “Chardonnay lager,” or “Lager with whiskey flavors.” See 27 CFR 7.143(h).
Lastly, all parts of the statement of composition must appear together and be readily legible on a contrasting background. Designations that create a misleading impression as to the identity of the product by emphasizing certain words or terms are prohibited. See 27 CFR 7.144.