The Alcohol and Tobacco Tax and Trade Bureau (TTB) notified four companies that if the U.S. Food and Drug Administration (FDA) deems their caffeinated alcohol beverage products adulterated under the Federal Food, Drug and Cosmetic Act, we would consider them to be mislabeled under the Federal Alcohol Administration Act, making it a violation for industry members to sell or ship the products in interstate or foreign commerce. While TTB regulates the labeling of alcohol beverages, it is FDA's responsibility to evaluate the safety of ingredients added to alcohol beverages. The companies were given 15 days to submit the details regarding the specific steps taken to correct the situation and to assure that similar violations do not occur.
TTB's action follows FDA's year-long evaluation of alcohol beverage products containing added caffeine and their subsequent November 17, 2010 warning to these four companies that the caffeine added to their alcohol malt beverages is an "unsafe food additive" and that further action, including seizure of their products, is possible under federal law. Read the FDA Press Release for more information.
If you have any further questions about this issue, please contact the Alcohol Labeling and Formulation Division (ALFD) at (202) 453-2250, or toll free (866) 927-ALFD (2533), or via email at Submit an Online Inquiry.
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TTB Letters to Producers