Fizzy, refreshing, and packing a real kick, hard seltzers have been shaking up the beverage industry in a big way. This multi-billion dollar industry has seen a massive expansion in only a few years and manufacturers are taking note, with major companies jumping into the growing hard seltzer market.
Of course, when entering hard seltzer production, you must adhere to federal regulations set by the TTB and FDA for hard seltzer labeling.
Before you leap into this effervescent industry, it’s important to have all the facts. From branding to warning labels, we’ll take you through everything required to customize your can and correctly adhere to each federal guideline. Read on to set your seltzer up for success.
Who Regulates Hard Seltzer?
Before jumping into the key requirements of hard seltzer labeling, it’s necessary to establish what is considered hard seltzer and which regulatory bodies are responsible for establishing the rules and guidelines for labels—the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Food and Drug Administration (FDA).
Alcohol and Tobacco Tax and Trade Bureau (TTB)
First and foremost, under the provisions of the Alcohol and Tobacco Tax and Trade Bureau (TTB), hard seltzer isn’t an official category. To put it simply, it’s typically regulated under the same guidelines as beer.
The bureau has not defined terms such as:
- Hard seltzer
- Alcoholic seltzer
- Spiked seltzer
Hard seltzers are regulated by the TTB if they are produced with:
- Malted barley and hops – These are the key ingredients for most beers. These natural plant materials are brewed and fermented to craft a variety of malty, alcoholic products, although they’re rarely used to manufacture hard seltzers.
- Fermented cane sugar and malt – Wine coolers, some seltzers, and other malt beverages are produced through the process of fermenting cane sugar with malted barley.
Beverages regulated by the TTB must apply for a Certificate of Label Approval (COLA) from the agency before their product goes to market. This process is meant to ensure compliance with all federally mandated laws relating to production, marketing, and labeling. For many companies, this is another step on the road to getting their products to consumers, although it may not be necessary for your hard seltzer.
Food and Drug Administration (FDA)
If your hard seltzer is produced without malted barley, it doesn’t fall under the jurisdiction of the TTB. Instead, these hard seltzers are subject to Food and Drug Administration (FDA) standards.
Seltzer manufacturers may opt for FDA regulations due to:
- No COLA – The Certificate of Label Approval process can be a time-consuming and costly endeavor. While the FDA has its own strict requirements, you might wish to avoid label pre-approval before you’ve started selling your product. Waiting for a COLA could inhibit your production and distribution process.
- Cheaper base cost – Fermentation with a sugar base may be less costly than using malt products, allowing you to lower the start-up cost for producing your hard cider.
Hard Seltzer Label Requirements
No matter what federal agency is looking over your products, there are several label requirements you must always adhere to. Many requirements are the same between both the FDA and TTB, although there are some key distinctions.
Name
What does your can say to your customers? Your branding, logos, colors, and graphics are all ways to draw more eyes to your product.
In terms of branding, hard seltzers should display the following:
- Brand name – Typically the larger part of the label is the product’s brand name. Display your brand clearly and confidently to customers to create instant recognition. If your product is not branded, you may choose to list an importer or bottler, although this is rare.
- Flavor or type – While not always required, many brands opt to display the type of hard seltzer directly below the brand name. Convey the overall flavor experience to your customers and use thoughtful colors that evoke what your seltzer tastes like.
Can Contents
It’s important to be clear about exactly how much your customer is getting. Some cans may appear smaller or larger to the human eye. To avoid mistakes and errors in judgment, it’s mandated that you list the net contents of your can.
How should you display this? For seltzers, it’s pretty cut and dry. Regulations stipulate the following:
- Fluid ounces – The standard measurement for hard seltzers (as well as almost all beverages manufactured in the US) is fluid ounces. Ensure that the amount reported is the precise amount in each can.
- Metric – While cans in the US are required to use the US Customary System, many manufacturers opt to include metric measurements as well. By listing the total milliliters of your products, you may be able to communicate to a larger audience. After all, the metric system is used around the world. Encourage international interest by including these measurements on your label.
General Product Name
To you, your product may be an artisanal hard seltzer packed with a natural flavor and bubble-bursting fizz but, according to regulations, none of that is necessary on the label.
Most frequently, hard seltzers are listed under the generic names of:
- Beer – We know it’s not really beer but regulatory bodies see it that way. Hard seltzers contain nearly the same alcohol content as standard beer, making for easy comparisons when it comes to regulations.
- Malt beverages – For seltzers brewed with malted barley, the TTB will typically require the label of “malt beverages.” You can think of it as an umbrella term that can cover several different types of alcoholic beverages.
Production Location
Nearly every product in the US needs to disclose where it was produced, and beverages are no different.
All hard seltzers should clearly state the following information:
- Address and name – Both the manufacturing company and their location should be listed on the product. City, state, street, and address are required for full transparency.
- Country of origin – For imported products, the label must include the country of origin. “Product of” or “Produced in” are some of the most common ways to let consumers know where their beverage comes from.
Additionally, the TTD does not require a COLA for products that are sold in the same state they are manufactured in. If your business is strictly regional, you should have significantly fewer hoops to jump through to begin selling your products. That said, if expansion is in the future, it’s worthwhile to begin the regulatory process early.
Ingredient and Alcohol Warnings
Safety is essential when dealing with alcoholic beverages. While businesses work to encourage responsible enjoyment of their product, there are several requirements to assist consumers in having a good time with minimal health risks:
- Alcohol content – How strong is your seltzer? Hard seltzer alcohol content usually falls between 4 and 6 percent alcohol by volume (ABV), although some seltzers far exceed these numbers. It’s federally mandated to accurately depict the ABV of your hard seltzer clearly for your customers. Ensure everyone knows what they’re getting into before taking the first sip.
- Alcohol warning – All alcoholic beverages sold in the US come with the following warning: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not have any alcoholic drinks 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. Commit it to every can.
- Disclosure of specific ingredients – Regulatory bodies require labels to explicitly mention certain additives to beverages. While these ingredients aren’t banned, they are highly scrutinized by the FDA and their presence in any beverage needs to be made clear to the consumer. Ingredients that require disclosure include aspartame, sulfites, FD&C yellow #5, and cochineal extract.
Nutrition Facts Label
The TTB has no requirements regarding nutrition facts labeling. Standard beer and malt beverages don’t typically have a list of their macro-nutrients and daily values, but when regulated by the FDA hard seltzer label information should also include a nutrition facts label.
These labels should include:
- Serving-size – List both the standard serving size and the total serving amount in each can.
- Calories – This will be the largest number on the nutrition facts label. The total caloric content of your beverage should be made bold and clear.
- Macro-nutrients – Just below the calorie information, be sure to include all the required FDA macro-nutrients as well as their percent daily value. Macro-nutrients include total fat, sodium, total carbohydrates, total sugars, added sugars, and protein.
- Vitamins and minerals – Vitamin D, potassium, calcium, and iron contents should be included on the nutrition facts panel. In addition, manufacturers may choose to list out vitamins and minerals such as riboflavin, thiamin, or zinc.
The font, size, and arrangement of nutrition fact labels are standard across the board. To be in full compliance with FDA regulations, ensure you follow the visual standards for labels and offer accurate and consistent information. The goal is to help customers fully understand your product so they can make informed decisions.
At Wildpack Beverage, We Make Labels Simple
There’s plenty to wrap your head around when it comes to hard seltzer regulations, and with major federal organizations keeping a close eye on the industry, it pays to keep everything professional.
If you’re looking for a partner in the beverage industry, Wildpack Beverage is here to make things easy for you.
We aim to provide the best in beverage services, including sleeving, labeling, co-packing, and packaging. Our team looks to innovate, providing you with a product that can adapt to industry trends and respond to customer needs—because it’s more than a can, it’s the first impression and the final thought.
Ready to get started?
Sources:
Business Insider. Brands like White Claw and Truly changed the way Americans drink. But a crowded market and changing consumer behavior may have officially ended the hard seltzer craze. https://www.businessinsider.com/hard-seltzer-craze-timeline-white-claw-truly-bud-light-seltzer-2021-10
TTB. “Hard Seltzers” What are the TTB Rules?. https://www.ttb.gov/images/pdfs/presentations/cbc2021-hard-seltzers.pdf
TTB. Labeling. https://www.ttb.gov/images/pdfs/presentations/part6.pdf
GoodRX Health. What Is the Best Hard Seltzer in Terms of Alcohol Content and Health?. https://www.goodrx.com/well-being/diet-nutrition/what-is-hard-seltzer
Lehrman Beverage Law. Hard Seltzer Regulatory Considerations. https://bevlaw.com/bevlog/hard-seltzer-regulatory-considerations/
Craft Brewing Business. Avoid this common beer labeling error in your next COLA application. https://www.craftbrewingbusiness.com/featured/avoid-this-common-beer-labeling-error-in-your-next-cola-application/
FDA. Daily Value on the New Nutrition and Supplement Facts Labels. https://www.fda.gov/food/new-nutrition-facts-label/daily-value-new-nutrition-and-supplement-facts-labels
FDA. Vitamins and Minerals. https://www.accessdata.fda.gov/scripts/interactivenutritionfactslabel/assets/InteractiveNFL_Vitamins&Minerals_March2020.pdf
