November 18, 2010 - Special Edition
In the TTB Newsletter, we compile the top TTB news of the week and other helpful information about the Bureau and the Federal alcohol and tobacco laws and regulations we enforce. Please send any questions and/or comments to Executive Liaison for Industry Matters (IndustryLiaison@ttb.gov) and/or (StateLiaison@ttb.gov). |
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TTB ISSUES WARNING ON THE SALE OR SHIPMENT OF CAFFEINATED ALCOHOL BEVERAGES DETERMINED BY FDA TO BE ADULTERATED
The Alcohol and Tobacco Tax and Trade Bureau (TTB) today notified four brand holders of caffeinated alcohol beverages that a determination by Food and Drug Administration (FDA) that their products are adulterated under the Federal Food, Drug, and Cosmetic Act would render their products mislabeled under the Federal Alcohol Administration Act (which is enforced by TTB) and make it illegal to sell or ship them in interstate or foreign commerce.
TTB enforces the labeling provisions of the Federal Alcohol Administration Act. While TTB regulates the labeling of alcohol beverages, it is FDA's responsibility to evaluate the safety of ingredients added to alcohol beverages, pursuant to FDA's authority under the Federal Food, Drug, and Cosmetic Act.
Since TTB looks to the FDA for determinations as to the safety of the ingredients added to alcohol beverages, we will not take action during the time that FDA has given the industry members to come into compliance.
TTB reminds industry members that they are responsible for ensuring that the ingredients in their alcohol beverage products are in compliance with the laws and regulations enforced by FDA with regard to the safety of food additives. If FDA later determines that a product for which TTB has previously issued a label approval is adulterated, TTB will consider these products to be mislabeled under the FAA Act and will take appropriate enforcement action.
TTB's letters to the companies can be viewed at: http://www.ttb.gov/main_pages/caffeine-added.shtml
For additional information on this issue, please visit the following:
FDA: Caffeinated Alcoholic Beverages
FTC Sends Warning Letters to Marketers of Caffeinated Alcohol Drinks
CDC: Caffeinated Alcoholic Beverages Fact Sheet