Tell the FDA to Include Alcoholic Beverages in Restaurant Menu Labeling

The Food and Drug Administration (FDA) has proposed regulations for nationwide menu labeling. The proposed rules require restaurants with 20 or more locations to post on menus the caloric content of items and make available upon request a listing of other nutritional information.  

As currently drafted, alcoholic beverages are exempted from the proposed regulations. The FDA is requesting comments on the proposed rules, specifically on alcohol. We offer several public health and legal arguments for the FDA to require restaurants to disclose information about the alcoholic beverages they serve.

Health Issues

Alcoholic beverages contain calories and few nutrients. Exempting alcoholic beverages from menu labeling requirements may give the mistaken impression that an alcoholic beverage has either no calories, or fewer calories than other non-alcoholic beverages.

Considering the myriad significant health and societal harms associated with alcohol consumption, this is especially problematic. Consumption of alcoholic beverages contributes a significant source of calories to the American diet and can facilitate food over-consumption and poor dietary choices. Thus, calories from alcohol can contribute to obesity, which in turn may be associated with a range of health problems, including heart disease, Type 2 diabetes, hypertension, and stroke.

It is difficult for drinkers to calculate the number of calories contained in a specific alcoholic beverage on their own. The caloric content of an alcoholic beverage depends in part on the volume of alcohol it contains. As a result, the caloric content can vary between similar types of alcoholic beverages. Mixers can also add additional calories to alcoholic beverages. Because restaurants are in a better position to know the contents and serving size of an alcoholic beverage, it should be their responsibility to inform the consumer of the caloric content of a menu item.  

Jurisdictional Issues

Congress did not explicitly exclude alcoholic beverages from food labeling requirements. The FDA infers that it is prohibited from imposing nutrition disclosure requirements on alcoholic beverages because Congress may have considered the Alcohol and Tobacco Tax and Trade Bureau (TTB) the sole regulator of alcohol labels.

The FDA has jurisdiction over the regulation of alcoholic beverages for health purposes.

The TTB continually fails to act regarding the labeling of alcoholic beverages.

Exempting small alcohol producers can remove burden of obtaining nutritional information.

Submit your comments by June 6.