Does FDA even have authority over alcohol products? Isn’t that TTB?
A7. The Alcohol and Tobacco Tax and Trade Bureau (TTB) of the U.S. Department of Treasury enforces the provisions of the Federal Alcohol Administration Act. Under this authority, TTB regulates the labeling and advertising of alcoholic beverages, among other things. TTB also enforces provisions of the Internal Revenue Code of 1986 related to Distilled Spirits, Wines, and Beer. FDA enforces the provisions of the Federal Food, Drug, and Cosmetic Act (FFDCA). The definition of “food” under the FFDCA includes “articles used for food or drink” and thus includes alcoholic beverages. See 21 U.S.C. 321(f) and 21 CFR Part 170.3 (n)(2). As such, alcoholic beverages are subject to the FFDCA adulteration and misbranding provisions, and implementing regulations, related to food. Among other things, a food is adulterated under section 402 of the FFDCA if it was produced, packed, or held under insanitary conditions; if it contains any poisonous or deleterious substance which may render the food injuri
