Wine Products Under 7% ABV: Who Regulates It—FDA or TTB?

If you make or sell wine or wine-based beverages with less than 7% alcohol by volume (ABV), you’re dealing with a unique regulatory split. These products are not subject to the usual alcohol labeling rules from the Alcohol and Tobacco Tax and Trade Bureau (TTB). Instead, the Food and Drug Administration (FDA) takes the lead on labeling. But TTB still regulates other key areas like formulas, excise taxes, and mandatory health warnings.

FDA Regulates Labeling for Wine Under 7% ABV

For wine and wine-based drinks under 7% ABV, the FDA is in charge of labeling. That means your product must follow the FDA’s food labeling rules.

Your label must include:

Statement of identity (what the product is)
Ingredient list (in descending order by weight)
Nutrition Facts Panel (unless you qualify for a small business exemption under § 101.9(j))
Major allergen disclosure (like milk, eggs, wheat, or soy)
Net quantity of contents
Name and address of the manufacturer or packer
Flavor and color declarations

Unlike TTB-regulated wines (7% ABV or more), there’s no federal label pre-approval for sub-7% products. But some states may still require registration or approval.

If you’re importing these products, you’ll also need to file a Prior Notice with FDA. See our article: FDA Prior Notice Required for Imported Alcohol.

TTB Still Regulates Key Aspects of Sub-7% Wine

Even though TTB doesn’t handle labeling for sub-7% wines, it still regulates:

1. Health Warning Statement

Any beverage with 0.5% ABV or more must include the Alcoholic Beverage Health Warning Statement. This includes FDA-labeled wines under 7%.

2. Container Markings

Before removing wine from a bonded premises, you must label the container with:

Name and address of the bottler
Brand name
Alcohol content (±0.75% tolerance)
Net contents
A designation that identifies the tax class (like “hard cider”)

3. Formula Approval

If your wine includes flavors, colors, or other non-standard ingredients, you may need to submit a formula to TTB—even if the ABV is under 7%.

4. Excise Tax Classification

TTB still handles excise taxes for wine products under 7% ABV. If your product qualifies as “hard cider,” it may be taxed at a lower rate. You’ll need to include the correct tax class on your label.

No COLA Required for Sub-7% Wine

TTB’s Certificate of Label Approval (COLA) is not required for wines under 7% ABV. That’s because the Federal Alcohol Administration Act only applies to wines with 7% ABV or more. TTB confirms this in its article: Wine Labeling: Overview of Labeling Requirements for Domestic Wines – Less than 7 Percent Alcohol by Volume.

Practical Label Differences

Here’s how sub-7% wine labels differ from standard TTB wine labels:

No standards of fill: FDA uses net quantity rules instead of TTB’s fill standards.
Nutrition Facts required: Unless exempt, sub-7% wines must include a Nutrition Facts panel.
Ingredient list required: FDA requires a full ingredient list; TTB does not for wines ≥7%.
Allergen disclosure: FDA requires major allergen labeling; TTB does not.
ABV statement still required: Even under FDA labeling, TTB requires an ABV statement on removal labels.
Health warning required: The Alcoholic Beverage Health Warning Statement applies to all products ≥0.5% ABV.

Operations and Permits

If you’re making wine (fermented from fruit, >0.5% ABV), you still need to operate a bonded wine premises under both federal and state law. You must file operations reports and excise tax returns—even if the finished product is under 7% ABV.

Labeling jurisdiction doesn’t change your TTB obligations for production and tax.

Quick Compliance Checklist

TTB Side:

Submit formula if required
Include net contents, brand, and tax class on removal label
Add Alcoholic Beverage Health Warning Statement

FDA Side:

Include statement of identity, ingredient list, Nutrition Facts, allergen disclosure
Follow FDA formatting and placement rules
File Prior Notice for imports

Do you have questions about producing, labeling, or marketing wine products under 7% ABV? Contact us to schedule a consultation with a beverage attorney.

Because we’re attorneys: Disclaimer. Posted October 26, 2025.

Rate this Post

0 votes, average: 0.00 out of 1
You need to be a registered member to rate this.