Consumer groups promote legal action, in the U.S., to achieve transparency on alcoholic beverage labels.
1) Alcoholic beverage labels. Foreword
Across as well as on this side of the Atlantic, alcoholic beverages continue to benefit from unjustified exemptions from the obligations to list ingredients and nutritional values on the label, instead required for the generality of food products. In the U.S., even the alcohol content of the drinks is not given.
Indeed, political institutions continue to prioritize the demands of the lobbies of producers of spirits, wines, beers and ciders over public health and consumer rights. Instead, those who loudly demand to be able to read the indispensable information on the label in order to make informed choices. (1)
2) Alcoholic beverage labeling, policy responsibilities
The Oslo Declaration-signed on 17.6.22 by WHO(World Health Organization) and 80 civil society organizations-emphasized the urgency of policy action to inform citizens about the health risks associated with alcohol consumption (2,3).
Such action cannot be separated from comprehensive labeling of beverages, alcoholic and non-alcoholic, as well as other food products (4) that contain alcohol.
The European Parliament nonetheless, on 15.2.22, rejected the proposal-from its own BECA(Beating Cancer Plan) Commission-to introduce special warnings on alcoholic beverage labels. (5)
3) Ingredients and nutritional values on the label. The duties of institutions
In the U.S. as in the EU, ‘competent’ institutions are responsible for a phenomenal delay in defining the rules to be applied on alcoholic beverage labels. 19 years of shame in US, 8 years in EU. In both cases, to the detriment of public health and transparency in consumer information.
3.1) European Commission, 8 years late
‘By December 13, 2014, the Commission shall prepare a report on the application of Article 18 [lista ingredienti] and Article 30(1) [dichiarazione nutrizionale] to the products referred to in this paragraph [beverages with alc. vol. >1.2%] intended to clarify
- Whether alcoholic beverages should in the future be subject to the requirement to provide energy value information in particular, and
- specify the reasons justifying any exemptions, taking into account the need to ensure consistency with other relevant Union policies (…).
The Commission shall accompany this report with a legislative proposal setting out, where appropriate, rules on the list of ingredients or mandatory nutrition declaration for such products‘ (EU Reg. 1169/11, Article 16.4).
3.2) U.S. Treasury, 19 years behind schedule.
December 16, 2003 consumer associations Center for Science in the Public Interest (CSPI), National Consumers League (NCL) and 67 other civil society organizations notified the U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau., a petition aimed at improving mandatory information on alcoholic beverage labels (Alcohol Facts). (6)
The demand of U.S. consumers was and is simple, to introduce a requirement that alcoholic beverages be labeled with alcohol content, energy value (kcal, or calories), ingredients and allergens. As well as indicating the number of standard cups contained in each package as provided for general food(portion size).
4) U.S., consumer lawsuit against the federal government
On October 3, 2022, the coalition of nonprofits Center for Science in the Public Interest (CSPI), Consumer Federation of America (CFA) and National Consumers League (NCL) sued the U.S. Department of Treasury. To finally obtain, through an injunction from the District Court of Columbia, the alcoholic beverage labeling reform sought in the 2003 petition. (7)
4.1) Transparency in labeling. Consumers’ reasons
‘The labeling of alcohol . is a common-sense and popular initiative (8) that would enable consumers to make informed choices about the alcoholic beverages they purchase. Alcohol consumption increases the risk of certain diseases and cancers, alcohol-related disorders, and serious injuries. However, alcohol labels do not include information such as the number of standard glasses per container, which would make it easier for consumers to drink in moderation.
In addition to the myriad health and social harms associated with excessive alcohol consumption, alcohol is a significant source of empty calories in the diet of adult drinkers. However, there is currently no requirement to indicate calories on alcoholic beverages. In addition, like other foods and beverages, alcoholic beverages contain various ingredients and additives that consumers, for health, safety, religious, or other reasons, may need to avoid. This is especially true for the millions of Americans who suffer from food allergies.’ (CSPI, press release 3.10.22)
5) Transparent labels for everyone
‘Imagine the chaos reigning in supermarkets if food manufacturers could decide whether or not to list ingredients, whether or not to disclose calories, whether or not to include a uniform, easy-to-read label. Well, this is the kind of information chaos we find in liquor stores today’ (Peter G. Lurie, CSPI, chairman).
Imagine the chaos of finding the ingredient list and nutritional values of wines only in ‘digital format,’ as expected in the European Union starting 8.12.23. Not to mention reports on the presence of allergens, which are often still lacking even though they have been prescribed for 20 years. (9) And when, how, with what other variations the labels of other beverages?
6) Interim Conclusions
Transparency in labeling can wait no longer. CSPI-at the forefront since 1968, with 380,000 members (0.13% of the U.S. population!)-is an example for all associations, in raising awareness and battles for health and consumer rights.
Civil society must learn to respond effectively to Corporation lobbying. A recent study by EUPHA(European Public Health Association), about Big Food ‘s interference on soda taxes, has some strategies. (10) Legal actions should also be considered.
Dario Dongo
Notes
(1) Marta Strinati. Alcoholic beverage labeling, work in progress in Brussels. FT (Food Times). 5.10.21
(2) Dario Dongo, Andrea Adelmo Della Penna. Coronavirus, why eliminate or minimize alcoholic beverage consumption. FT (Food Times). 6.4.20
(3) Marta Strinati. WHO, Oslo Declaration urges policy action on alcohol. FT (Food Times). 1.9.22
(4) Dario Dongo, Andrea Adelmo Della Penna. Hidden alcohol in foods and the non-alcoholic beverages. FT (Food Times). 24.9.22
(5) Isis Consuelo Sanlucar Chirinos. Alcoholic beverages, EU Parliament deletes proposed label warning on alcohol and cancer risks. FT (Food Times). 18.2.22
(6) Center for Science in the Public Interest (CSPI), National Consumers League (NCL). Petition to Improve Mandatory Label Information on Alcoholic Beverages
(“Alcohol Facts”). https://www.cspinet.org/sites/default/files/media/documents/resource/031216IngLabelingPetition.pdf 16.12.03
(7) US District Court of Columbia. Case No. 22-2975. Center for Science in the Public Interest (CSPI), Consumer Federation of America (CFA), and National Consumers League (NCL) v. U.S. Department of Treasury; the Alcohol and Tobacco Tax and Trade Bureau (TTB). Complaint for declaratory and injunctive relief %20Labeling%
(8) Transparent and comprehensive labels on alcoholic beverages are demanded by 77 percent of consumers in the EU (see. note 9) and by 75% of adults in the US. V. Beer Institute. New report shows beer leads all alcohol categories in providing nutritional information to consumers. https://www.beerinstitute.org/press-releases/new-report-shows-beer-leads-all-alcohol-categories-in-providing-nutritional-information-to-consumers/ 4.7.21
(9) Dario Dongo. Wines, nutritional values and ingredient list in view, but not too much. FT (Food Times). 5.10.22
(10) Marta Strinati, Dario Dongo. Soda tax, here’s how Big Food counteracts health policies. And how to respond. FT (Food Times). 7.10.22
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
