FD&C Yellow No. 5, Cochineal Extract, and Carmine
Many alcohol beverages contain additives, which are added to impart color to the product. Three color additives must be specifically named on alcohol beverage product labels if present in the product: FD&C Yellow No. 5, cochineal extract, and carmine.
For these products, the phrase “Contains [color additive name]” must appear on the product’s label.
Example:
The label on the left provides a generic color disclosure as part of the product’s statement of composition and states the use of carmine below. Also acceptable is the label on the right where the use of cochineal extract is referenced in the statement of composition.
Where should the color additive disclosure be placed on the label?
For FD&C Yellow No. 5
A malt beverage containing FD&C Yellow No. 5 is required to bear a distinctive or fanciful name and a statement of composition on the label. The statement of composition may use the phrase “certified color” rather than specifically identifying FD&C Yellow No. 5, but FD&C Yellow No. 5 (or FD&C Yellow #5) must specifically be declared elsewhere on the product’s label. See 27 CFR 7.63(b)(1).
For cochineal extract and carmine
A malt beverage containing either cochineal extract or carmine, or both, is required to bear a distinctive or fanciful name and a statement of composition on the label. The statement of composition may use the phrase “artificial color” rather than specifically identifying cochineal extract or carmine, but cochineal extract or carmine (or both) must specifically be declared elsewhere on the product’s label. See 27 CFR 7.63(b)(2).
What are the formatting requirements for color additive disclosures?
Type size:
- Minimum 1 mm for containers of 1/2 pint or less
- Minimum 2 mm for containers larger than 1/2 pint
Note: The minimum type size applies to each numeral or letter in the statement, including both uppercase and lowercase letters. See 27 CFR 7.53.
Legibility:
- Must be readily legible under ordinary conditions;
- Must appear on a contrasting background; and
- Must appear separate and apart from or be substantially more conspicuous than, descriptive or explanatory information.
More information on these requirements is available at 27 CFR 7.52–7.53.
Is formula approval required for products containing color additives?
Yes, products that contain color additives require formula approval prior to applying for label approval. See 27 CFR 25.55(a)(3).
Example:
The label on the left calls out specific color disclosures as part of the product’s statement of composition. Also acceptable is the label on the right where the general use of colors is referenced in the statement of composition with the specific colors listed out below.
Page last reviewed: March 28, 2023
Page last updated: March 28, 2023
Maintained by: Alcohol Labeling and Formulation Division