Adding flavors to beer is increasingly common. Navigating TTB’s rules around them is increasingly important.

The use of flavors in alcoholic beverages, meaning those ingredients not added in their whole form, such as a concentrate or as a juice, creates different regulatory requirements, including disclosures, approvals, and labeling, than beers brewed with ingredients and processes exempt from formula approval.

How TTB Defines Natural, Artificial, and N&A Flavors

From a regulatory and labeling perspective, TTB classifies flavors as either “natural” or “artificial,” with a subset of flavors classified as “N&A” (natural and artificial). The TTB defines natural flavors, in layman’s terms, as essences from natural sources such as plants and animals. Synthetic compounds produced in a lab are considered artificial flavors even if the molecule in question is identical to the molecule found in a natural flavor. Nevertheless, a flavor is considered N&A and may be labeled (according to TTB requirements) as “natural” if it contains less than 0.1% artificial components (“topnote”).  TTB requires a flavor to be identified as “artificial” if it contains more than 0.1% artificial components.

You can find TTB guidance on the use of flavors in alcohol beverages here: Flavors Used in Alcohol Beverages.

When Does Adding a Flavor Require a Formula?

Under current TTB policy, a formula is required when almost any flavor, natural or artificial, will be added. These include extracts (other than hop extract), essential oils, syrups (other than syrups made from formula exempt ingredients such as maple syrup), or flavors made with multiple inputs (so-called “compounded flavors”). Where a malt beverage (the TTB term for beer under its labeling rules) contains a flavor (other than hop extract) containing alcohol, TTB requires that the product’s label bear an alcohol content statement.

Brewers may request a TTB determination regarding the use of a particular ingredient in writing or online, or proceed with submitting a formula with the ingredient(s) in question.The TTB will make a determination either way and will mark the formula as rejected/not required if the flavoring proves to be exempt. Brewers can also quickly see if their beverage needs formula approval by using this tool: Which Beer and Malt Beverages Require Formula Approval.

Compounded Flavors and the Flavor Ingredient Data Sheet (FIDS)

A common example of a natural flavoring used in beer would be terpenes extracted from a botanical source other than hops. Flavors and compounded flavors may contain stabilizers, emulsifiers, and sometimes preservatives that are not on the TTB’s list of exempt ingredients. TTB currently requires brewers to apply for formula approval when adding these types of flavors to their beverages and include a Flavor Ingredient Data Sheet (FIDS) with the application. FIDS are provided by the flavor supplier.

You can find TTB guidance about Flavor Ingredient Data Sheets, along with examples, here: FID Sheet: Guidance and Examples.

Labeling Requirements for Malt Beverage Specialty Products

Manufacturers selling compounded flavors to producers of beverage alcohol must disclose to the TTB the composition of the flavor and obtain TTB approval for its use in a beverage alcohol product. TTB requires approval regardless of whether those flavors contain alcohol. Brewers purchasing flavors to produce alcohol beverages should make sure that the TTB has approved those flavors. Brewers should also be aware that some retailers, for example, Whole Foods, may not allow certain ingredients found in flavor compounds to be used in the products they purchase for resale, even if the compounds are approved for use in natural flavors by the TTB. Examples include certain artificial colors, artificial sweeteners, and preservatives.

TTB’s list of ingredients and processes exempt from formula requirements are found here: Ingredients and Processes Exempt from Formula Requirements for Malt Beverages.

Malt beverages that contain non-exempted flavoring, coloring components, and/or compounded flavors, or otherwise require a formula under 27 CFR 25.55, are considered malt beverage specialty products. The labels of these products must bear a distinctive or fanciful name together with an adequate and truthful statement of composition of the product. The statement of composition may require the disclosure of certain color ingredients and additives. Additionally, an alcohol content statement must appear on the label if the malt beverage derives alcohol from any added flavor or other added non-beverage ingredient, other than hop extract. Once the formula is approved, TTB will provide additional information on disclosures or labeling requirements with their decision.

As a reminder, most malt beverages produced using a non-exempt ingredient must file formula approval, whether or not a Certificate of Label Approval is required.

Additional Resources

• TTB guidance about labeling requirements for using flavors in alcohol beverages.
• Non-compliance or mislabeling of products can lead to holds on product sales, costly market withdrawals, possible penalties, and harm a brand’s reputation. Read more about market withdrawals and recalls.