Alcoholic Beverage Labeling Act Penalty

The Alcoholic Beverage Labeling Act (ABLA) of 1988 requires that a health warning statement appear on the labels of all containers of alcoholic beverages manufactured, imported, or bottled for sale or distribution in the United States.  The Act also requires that warning statement to appear on containers of alcoholic beverages that are manufactured, imported, bottled, or labeled for sale, distribution, or shipment to members or units of the U.S. Armed Forces, including those stationed overseas.  The Alcohol and Tobacco Tax and Trade Bureau regulations implementing ABLA are found in 27 CFR part 16.

The Act provides that any person who violates the provisions of the ABLA is subject to a civil penalty of not more than $10,000, with each day constituting a separate offense (see 27 U.S.C. 218).  However, the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, requires agencies to make periodic cost-of-living adjustments to civil monetary penalties (other than those in the Internal Revenue Code of 1986 and the Tariff Act of 1930).  TTB publishes notices in the Federal Register to notify the public of the adjusted maximum penalty for violations of the ABLA (see 27 CFR 16.33).  The adjusted penalties are recorded in the table shown below:

Each day on which a violation occurs will constitute a separate offense.