TTB Issues Ruling on Use of Gluten Content Statements in Labeling and Advertising

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In the wake of Food & Drug Administration (FDA) publishing final rules for making “gluten-free” claims on fermented and hydrolyzed foods, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released Ruling 2020-2 addressing its policies towards gluten claims. The ruling leaves intact TTB’s “interim policy” towards gluten claims on fermented products (like beers/malt beverages) made with barley but treated to remove gluten. Such products cannot make the claim “gluten-free,” but can claim to be “crafted to remove gluten” if certain required disclaimers accompany this claim. Concerning distilled spirits, however, TTB now has authorized gluten-free claims if the producer can implement good manufacturing practices to prevent the introduction of any gluten-containing material into the finished product.

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