Gluten-Free Claims: TTB’s Revised Interim Policy

After consultation with theFDA, the TTB has just revised its interim policy on claims of “gluten-free” in labeling of spirits, wine and malt beverages. The original policy was outlined in 2012.

The new policy says that, “Alcohol beverages that are made from ingredients that do not contain gluten (such as wines fermented from grapes or other fruit and distilled spirits distilled from materials other than gluten-containing grains) may continue to make “gluten-free” claims in the same way allowed in the new FDA regulations for inherently gluten-free products.”

Meanwhile, “gluten-free” claims for products that are made from gluten-containing grains are deemed misleading to consumers.

But products made from gluten-containing grains may be labeled with a statement that the product was “Processed,” “Treated,” or “Crafted” to remove gluten, if that claim is made together with a qualifying statement that warns the consumer that the gluten content of the product cannot be determined and that the product may contain gluten.

TTB may revise this policy after the FDA issues a final rule or other guidance.

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