The Alcohol and Tobacco Tax and Trade Bureau (TTB) is addressing products being marketed as alcohol-infused whipped creams, which have been garnering attention as of late. As these products are positioned in the marketplace as alcohol beverages—specifically as distilled spirits specialty products—they are subject to the Federal Alcohol Administration Act (FAA Act), which regulates the product integrity of alcohol beverages to ensure products are labeled in a way as to provide accurate information on the identity of the product and prevent consumer deception, as well as to ensure compliance with all applicable laws and regulations.
With respect to distilled spirits specialty products such as alcohol-infused whipped cream, the TTB requires a statement of composition on the label that identifies for consumers the type of distilled spirit in the product, and as a result, the fact that the product is an alcohol beverage. A distilled spirits product label must include a statement of the class and type and the alcohol content as required by the regulations implementing 27 U.S.C. 205(e) and the Government Warning Statement as required by 27 U.S.C. 215, all of which identify for consumers that the product is an alcohol beverage. In addition, alcohol beverage products must comply with all applicable state laws and regulations, which may include specific conditions for selling these products at retail.
