(Portland, OR) – The Alcohol and Tobacco Tax and Trade Bureau (TTB) announced this week that it has completed a review of policies around “gluten-free” labeling on alcoholic beverages in light of the Food and Drug Administration’s (FDA) review and establishment of its own policies.

The verdict?

Effectively, nothing changes. The TTB will adopt the interim policies that it established back in the spring of 2012.

In short, alcoholic beverage makers that use inherently gluten-free ingredients can label their products as “gluten-free” provided that they meet the criteria set forth in the FDA rule. Alcoholic beverage makers that remove gluten through a process whereby it is absent in the final product will have to continue to use special language on labels and can’t use the term “gluten-free.”

Craft Brew Alliance, parent company for the fast-growing Omission Beer brand which uses such a process, was initially hopeful that the FDA ruling would lead to the TTB revising its interim policy. Per a statement back in August:

“At Omission Beer, we applaud the FDA for bringing U.S. rules in alignment with the global standard for gluten-free. Our beer tests well below the 20 ppm standard.

“Omission looks forward to sharing information regarding scientific research of gluten testing methods and policy with the Alcohol and Tobacco Tax and Trade Bureau, the regulatory agency that ultimately will determine how the FDA guidelines will apply to its products.”

While this week’s news may come as a disappointment, the brand will keep chugging along as it has from its inception two years ago.

Omission Beer Brand Manager, Lorin Gelfand, provided this statement on the TTB news:

“The Feb. 11 TTB announcement regarding gluten-free labeling does not require changes in the way Omission Beer is labeled, or any other aspect of the production and sale of our beers. We want the many thousands of Omission Beer drinkers in the U.S. to know that we will continue business as usual. Omission Beer appreciates the strong interest of our growing and enthusiastic following and looks forward to continuing to work with the TTB to ensure that our products are labeled according to their guidelines.”

Meanwhile the TTB has left the door open that it may re-visit these policies in the future. Check out the full agency release below.

—

We have completed our review of how the U.S. Food and Drug Administration (FDA) final rule on the use of the term “gluten-free” in the labeling of products under FDA’s labeling jurisdiction impacts TTB’s interim policy on gluten content statements in the labeling and advertising of wines, distilled spirits, and malt beverages that we previously set forth in TTB Ruling 2012-2.

As a result of our review and consultation with FDA, we are updating our policy on gluten labeling. Given the important consumer health considerations relating to “gluten-free” claims, TTB believes that it is important to adopt an approach on this issue that is as consistent as possible with the regulations that FDA issued.

Under our updated policy, 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.

Consistent with the new FDA regulations, TTB will continue to consider “gluten-free” label claims for alcohol beverages that are made from gluten-containing grains to be misleading to consumers who are seeking to avoid the consumption of gluten for health reasons. However, 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 FDA issues a final rule or other guidance with respect to fermented and hydrolyzed products. In the interim, we remind consumers that the FDA has determined there is still no scientifically valid way to evaluate the claims that beers made from gluten-containing grains can be processed in a way that removes gluten and that there is inadequate evidence about whether such methods are effective.