If you've read our post on TTB labeling compliance, you already know that one of the most common mistakes emerging beverage brands make is assuming the TTB governs every alcoholic beverage on the market. It doesn't. And for brands whose products fall outside TTB jurisdiction, a different set of rules applies — ones that are just as mandatory and just as easy to get wrong.

The good news is that understanding which framework you're operating under is half the battle. The other half is knowing what the FDA actually requires once you're in their lane.

Why Some Alcoholic Beverages Land with the FDA

The TTB's authority flows from the Federal Alcohol Administration Act, which defines specific categories of regulated beverages — malt beverages, wine above 7% ABV, and distilled spirits. If your product doesn't fit those definitions, the FAA Act doesn't apply, and neither does the TTB's COLA requirement. Instead, jurisdiction defaults to the FDA, which treats these products the same way it treats any other food or beverage.

Two categories account for the majority of brands that end up here.

Cane sugar-based hard seltzers and hard teas. This is where a lot of modern brands land without fully realizing it. If your hard seltzer or hard tea is fermented from a cane sugar base rather than brewed with malted barley and hops, it falls outside the FAA Act's definition of a malt beverage. That means no COLA — but it also means full FDA food labeling rules apply.

Low-ABV wines, wine coolers, and spritzers. The TTB's authority over wine only kicks in at 7% ABV or higher. Products that come in under that threshold — wine coolers, spritzers, session wine products — drop out of TTB jurisdiction and into FDA territory regardless of how they're positioned or marketed.

What the FDA Actually Requires

Not needing a COLA doesn't mean labeling is simpler — it just means the requirements are different. FDA-regulated beverages must comply with standard food labeling rules, and there are two requirements that tend to catch brands off guard.

Full ingredient lists. Unlike TTB-regulated products, which follow their own labeling conventions, FDA-regulated beverages require a complete ingredient declaration listed in descending order by weight. Every ingredient, including processing aids and additives, needs to be accounted for. Brands coming from a TTB mindset often underestimate how detailed this requirement is.

Nutrition Facts panels. This is the biggest structural difference from TTB labeling. FDA-regulated beverages require a compliant Nutrition Facts panel — calories, total fat, sodium, total carbohydrates, sugars, protein, and applicable vitamins and minerals — formatted to FDA specifications. TTB-regulated products have their own voluntary or required calorie and carbohydrate disclosure rules, but they don't require the full Nutrition Facts panel format. Brands that assume alcohol beverage labeling is alcohol beverage labeling, regardless of agency, often get tripped up here.

The Mistake Worth Avoiding

The error we see most often isn't brands ignoring FDA rules entirely, it's brands who assume they need a COLA, spend time pursuing TTB approval, and only later realize they were operating under FDA jurisdiction the whole time. The reverse happens too: brands who assume FDA rules are simpler or more lenient, and launch without fully building out compliant ingredient declarations or Nutrition Facts panels.

Neither agency has a lenient posture toward labeling errors, and the cost of correcting them after print runs or production is real.

If you're not certain which framework governs your product, that question needs to be answered before label development begins — not after.

This post is intended for general informational purposes only. FDA and TTB regulations are subject to change, and all labeling requirements should be verified with a qualified compliance professional before submission or distribution.