5. Claim Requirements

Whisky
USA

This section provides information on the definition of different types of claims and any restrictions or allowance of claims as well as claim registration processes.

5.1 Overview of Claims

5.1.1 Types & Definitions

General Food

The following types of claims are defined in regulations and can be made on food under specific conditions.

• Nutrient Content Claims [1]
• Health Claims [2]
• Descriptive Claims That Are Neither Nutrient Content Claims nor Health Claims [3]
• Structure/Function Claims [4]

5.1.2 List of Prohibited Claims

General Food

Any statement that indicates a consumer food or beverage product is meant to diagnose, treat, mitigate, prevent, or cure a disease is prohibited as those claims are reserved for pharmaceutical products and medical foods.

Category

Alcoholic drinks

No claims are permitted on an alcoholic beverage label. 

Product

Whisky

No claims are permitted on a whisky beverage label [5].

5.2 Nutritional Claims

5.2.1 Permitted Claims

General Food

Conditions for the use of Nutrient Content Claims are described in 21 CFR Part 101 Subpart D [1]. 

Category

Alcoholic drinks

Nutritional claims other than caloric content are not allowed. 

Product

Whisky

Nutritional claims other than caloric content are not allowed. 

5.2.2 Nutritional Claim Registration

General Food

(a) For nutritional claims that are already permitted for use: There is no requirement to register a label for an accepted nutritional claim. 

(b) For nutritional claims that are not currently permitted for use: Outside the scope of this guidebook. 

Category

Alcoholic drinks

There is currently no method to obtain permission to add nutritional claims (other than caloric content) to a label as these are not permitted on alcoholic drinks. 

Product

Whisky

There is currently no method to obtain permission to add nutritional claims (other than caloric content) to a label as these are not permitted on whisky.  

5.3 Health Claims

5.3.1 Permitted Claims

General Food

Conditions for the use of health claims are described in 21 CFR Part 101 Subpart E [2].  

Category

Alcoholic drinks

There is currently no method to obtain permission to add health claims to a label, as these are not permitted on alcoholic drinks. 

Product

Whisky

There is currently no method to obtain permission to add health claims to a label, as these are not permitted on whisky.

5.3.2 Health Claim Registration

General Food

(a) For health claims that are already permitted for use: There is no requirement to obtain pre-approval of a consumer food product that contains an FDA-accepted health claim.

(b) For nutritional claims that are not currently permitted for use: Outside the scope of this guidebook. 

Category

Alcoholic drinks

Not applicable. 

Product

Whisky

Not applicable.

5.4 Other Notes or Requirements for Claims

None. 

5.5 References

1. 21 CFR Part 101 Subpart D - Specific Requirements for Nutrient Content Claims

https://www.ecfr.gov/current/title-21/part-101/subpart-D 

2. 21 CFR Part 101 Subpart E Specific Requirements for Health Claims

https://www.ecfr.gov/current/title-21/part-101/subpart-E

3. 21 CFR Part 101 Subpart F - Specific Requirements for Descriptive Claims That Are Neither Nutrient Content Claims nor Health Claims

https://www.ecfr.gov/current/title-21/part-101/subpart-F

4. FDA Webpage on Structure/Function Claims

https://www.fda.gov/food/food-labeling-nutrition/structurefunction-claims#:~:text=Structure%2Ffunction%20claims%20may%20describe,to%20maintain%20such%20structure%20or

5. TTBA - Alcohol Beverage Labeling

https://www.ttb.gov/regulated-commodities/beverage-alcohol/wine/labeling-wine/alcohol-beverage-labeling#:~:text=TTB%20allows%20truthful%2C%20accurate%20and,based%20on%20a%20single%20serving