This ruling modifies and amplifies TTB Ruling 2004-1 to permit the use of optional Serving Facts statements on labels and in advertisements.
This ruling modifies and amplifies TTB Ruling 2004-1 to permit the use of optional Serving Facts statements on labels and in advertisements.
It is optional. You may use a Serving Facts statement on any label or advertisement, and you may choose to use a Serving Facts statement in lieu of a statement of average analysis when making calorie or carbohydrate claims on labels or in advertisements. See question 4 for additional information about using a Serving Facts statement on labels with calorie or carbohydrate claims.
No. It has been the longstanding position of TTB and its predecessor agency that any caloric or carbohydrate statement or representation in the labeling and advertising of wines, distilled spirits, and malt beverages will be viewed as misleading unless it provides complete information about the calorie, carbohydrate, protein, and fat content of the product. As set forth in TTB Ruling 2004-1, a statement of average analysis, which includes information about calories, carbohydrates, protein and fat content on a per-serving basis, ensured that such labels or advertisements did not mislead consumers.
TTB Ruling 2013-2 does not change that position. Instead, it offers industry members an additional option in providing consumers with information about the nutrient and alcohol content of the product. TTB will view labels and advertisements as misleading if they make claims about the calorie or carbohydrate content of the product unless they include either a statement of average analysis in accordance with TTB Ruling 2004-1 or a Serving Facts statement that complies with the requirements of TTB Ruling 2013-2. Thus, a Serving Facts statement may now be used on such labels instead of a statement of average analysis.
Yes. Statements of average analysis that comply with the requirements of TTB Ruling 2004-1 may continue to be used on labels and in advertisements.
A Serving Facts statement includes the serving size, the number of servings per container, and the number of calories and the number of grams of carbohydrates, protein, and fat, per serving size. In addition, you may choose to include the percentage of alcohol by volume in the statement, and if you do so, you may also include the number of fluid ounces of pure ethyl alcohol per serving as part of the alcohol by volume statement.
No. If your advertisement does not make any other claim about the nutrient content of the product, you are not required to place a Serving Facts statement or a statement of average analysis on the advertisement. However, labels for products including terms such as "light" in their brand names will not be approved without a statement of average analysis or a Serving Facts statement, unless the term "light" is used in a way that clearly does not refer to nutrient content.
A Serving Facts statement appearing on a label or in an advertisement may be stated per container size only if the container is equal to or less than a single serving size. However, as an option, the Serving Facts statement may be presented in a dual-column format, which provides information both per serving size and per container size.
Otherwise, the Serving Facts statement must be stated per serving size, and must specify the serving size as part of the statement. Serving sizes for purposes of Serving Facts labeling are specified in the chart below. These serving sizes must also be used when calculating the number of servings per container, which should be rounded to the nearest quarter of a serving. For example, a malt beverage with an alcohol content of 5 percent alcohol by volume in a can that contains 16 fl.oz. should be labeled as containing 1 ¼ 12 fl.oz. servings.
Serving Size | Alcohol Percent by Volume | ||
Wine | Distilled Spirits | Malt Beverages | |
1.5 fl oz (44 ml), or 50 ml for 50 ml containers of distilled spirits | Above 24% | Above 24% | |
2.5 fl oz (74 ml) | Above 16 to 24% | Above 16 to 24% | Above 16 to 24% |
5 fl oz (148 ml) | 7 to 16% | Above 7 to 16% | Above 7 to 16% |
12 fl oz (355 ml) | Not more than 7% | Not more than 7% |
If an approved label is being changed only to include a statement of average analysis in accordance with TTB Ruling 2004-1 or a Serving Facts statement in accordance with TTB Ruling 2013-2, and the format for the Serving Facts statement is one that is depicted in the examples provided in the attachment to TTB Ruling 2013-2, the submission of a new application for a certificate of label approval (COLA) is not necessary.
No. You may make that change without submitting a new application for label approval.
You may add a Serving Facts statement to your approved label as permitted in accordance with TTB Ruling 2013-2, and you may also make additional changes as permitted in accordance with the instructions for the COLA application form, TTB F 5100.31 (which also appear on COLAs Online for electronic submitters), without having to submit a new application for label approval. If the additional changes are not covered by the instructions on the COLA application form, you must submit a new application for label approval. Get a complete list of allowable changes and learn more about what changes can be made to an approved label.
The attachment to TTB Ruling 2013-2 provides examples of both a panel display and a linear display. You may choose whichever display fits best on your label or advertisement.
You must submit a new application for label approval if you wish to use a format that differs from the examples set forth in the attachment toTTB Ruling 2013-2. Other formats for this type of information will be considered on a case-by-case basis. In considering other formats, TTB will take into consideration whether a proliferation of formats might tend to confuse consumers.
Yes. Serving Facts statements may include information about the alcohol content of the product on an optional basis. However, industry members may choose to not include alcohol content in the Serving Facts statement. An example of this format is set out in the attachment to TTB Ruling 2013-2.
Yes. Alcohol content may be presented in the Serving Facts statement as a percentage of alcohol by volume. In addition, if alcohol content is expressed as a percentage of alcohol by volume, the Serving Facts statement may also include a statement of the fluid ounces of pure ethyl alcohol per serving (rounded to the nearest tenth) as part of the alcohol by volume statement. However, industry members may choose to include the percentage of alcohol by volume in the Serving Facts statement without including a statement of the number of fluid ounces of alcohol per serving.
Yes. The inclusion of an optional alcohol content statement as part of a Serving Facts statement does not excuse industry members from compliance with existing regulations regarding the placement of mandatory alcohol content statements. The regulations require an alcohol content statement on the brand label for all distilled spirits and for those malt beverages containing alcohol derived from added flavors or other added nonbeverage ingredients (other than hops extract) containing alcohol. However, alcohol content statements may appear in more than one place on the container, provided that they are consistent and in compliance with all regulatory requirements. The percentage of alcohol by volume for wine containers may appear on any label.
The following abbreviations may be used on labels and in advertisements bearing the optional Serving Facts statement, with or without periods after the abbreviations:
(1) For "Alcohol by volume," the abbreviations "Alc/vol" or "Alc by vol";
(2) For U.S. fluid ounces, "fl oz";
(3) For calories, "Cal";
(4) For grams, "g";
(5) For Carbohydrate, "Carb";
(6) For serving (except in the title "Serving Facts"), "Serv";
(7) For milliliter, "ml"; and
(8) For amount, "Amt."
You may include the optional Serving Facts statement on any label on the container, including a strip or neck label.
There are no specific type size or font requirements for the optional Serving Facts statement on labels or in advertisements. However, the statement should be on a contrasting background and should be readily legible under ordinary circumstances.
Last updated: January 15, 2025