Whether a company is launching a new product or expanding into new markets, compliance is a key part of doing business in the food and beverage space. Failing to follow these rules can result in penalties, product recalls, or even legal disputes—risks that are avoidable with the right planning and guidance.
Our friends at Cohen & Cohen discuss how important it is for beverage producers to stay in step with current labeling and advertising regulations. While a personal injury lawyer may handle claims related to consumer harm, staying compliant with federal and state beverage laws is what helps prevent those issues from arising in the first place.
Label Content Must Meet Federal Standards
Any producer selling beverages in the U.S. must follow federal labeling requirements, most often overseen by the Food and Drug Administration (FDA) or the Alcohol and Tobacco Tax and Trade Bureau (TTB), depending on the type of product. For non-alcoholic beverages, the FDA regulates the labeling requirements, including ingredients, nutrition facts, allergens, and required statements like the name and address of the manufacturer or distributor.
Alcoholic beverage labels are subject to TTB review before being approved for sale. These labels must include specific details such as alcohol content, net contents, government warnings, and in many cases, a statement of composition. Mislabeling—whether by omission or misleading information—can result in the product being pulled from shelves or blocked from approval entirely.
Health Claims Must Be Accurate And Approved
Producers need to be especially careful when including any form of health-related claim on a beverage label. Terms like “low calorie,” “sugar-free,” “immune support,” or “natural energy” must meet specific standards set by regulatory bodies. If a claim implies that the beverage can affect bodily function or prevent disease, it may require pre-approval or scientific evidence to back it up.
Even phrases that appear harmless can be flagged if they give the impression of a health benefit without meeting the legal definition. It’s important that producers not only understand the language they’re using, but also have proper documentation in case of a regulatory review.
Social Media And Influencer Marketing Are Subject To The Same Rules
Beverage marketing has expanded far beyond traditional advertising. Social media, influencer partnerships, and user-generated content are now standard marketing tools. That doesn’t mean the rules don’t apply. In fact, regulators like the Federal Trade Commission (FTC) closely monitor these channels for transparency and truthfulness.
Any paid endorsement must be clearly disclosed, and all claims made in marketing—whether in a commercial or on an Instagram story—must be truthful, not misleading, and backed by evidence. Businesses are responsible not only for their own posts but also for how influencers represent their products, which makes clear agreements and review processes essential.
State-level Rules May Apply On Top Of Federal Regulations
In addition to federal laws, states may have their own labeling and advertising requirements. This is especially relevant for alcoholic beverages, where rules about distribution, warnings, and permitted language can vary significantly from one state to the next. Producers who sell across state lines must account for these variations and avoid using one-size-fits-all language that could trigger enforcement in certain jurisdictions.
Labeling and marketing beverages may seem like a creative task, but it’s one that involves serious legal responsibility. Whether it’s how ingredients are listed on the label or how a product is presented online, every detail matters. Beverage producers who understand the rules—and take the time to follow them—can focus on building their brand with confidence. Legal compliance may not be the most exciting part of launching a new product, but it’s one of the most important parts of protecting it.