FTC Staff Comment Before the Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau Concerning Alcohol Labeling

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BEFORE THE
DEPARTMENT OF THE TREASURY
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Labeling and Advertising of Wines, Distilled Spirits and Malt Beverages
Notice No. 41
Comments of the Staff of the
Bureau of Consumer Protection,
the Bureau of Economics,
and the Office of Policy Planning of the Federal Trade Commission
September 26, 2005*
___________________________________
*These comments represent the views of the staff of the Bureau of Consumer Protection,
the Bureau of Economics, and the Office of Policy Planning of the Federal Trade Commission.
They are not necessarily the views of the Federal Trade Commission or any individual
Commissioner. The Commission has, however, voted to authorize the staff to submit these
comments.

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I. INTRODUCTION
The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) of the U.S. Department of
Treasury has requested comments on an advance notice of proposed rulemaking (“ANPRM”)
with regard to labeling and advertising of beverage alcohol.1 The ANPRM requests, inter alia,
comments regarding whether TTB should require mandatory labeling about alcohol and nutrient
content per serving;2 what areas need further research before TTB can decide whether and how
changes can be made;3 whether labeling should include information about the amount of drinking
considered to be “moderate” under the U.S. Dietary Guidelines;4 and whether any new labeling
requirements should apply equally to advertisements.5
The FTC has substantial experience challenging unfair or deceptive acts and practices
related to alcohol advertising and labeling6 as a violation of Section 5 of the Federal Trade
Commission Act.7 The FTC shares with TTB jurisdiction over the labeling and advertising of
alcohol, and the two agencies often coordinate activities to provide consistent guidance regarding
matters within their joint jurisdiction.
The FTC staff also has conducted extensive empirical research concerning the effect of
advertising claims, including health and nutrient content claims for foods.8 This research
suggests that government regulations that require or allow marketers to provide such information
to consumers may have a significant effect on the type and amount of health information they
receive, which, in turn, affects the products they purchase. It also suggests that such regulations
may facilitate competition among marketers based upon disclosed attributes, potentially leading
to useful product innovations.
Drawing on its law enforcement experience and its research, FTC staff has filed
comments with other agencies advocating policies regarding health claims and nutrient content
claims that it believed would benefit consumers, including comments addressing such claims for
beverage alcohol9 and foods.10 FTC staff appreciates the opportunity to provide views to the
TTB as part of this rulemaking proceeding.
The FTC staff believes that TTB’s regulations11 should be amended to require that
beverage alcohol labels disclose alcohol and nutrient content per serving, because such a change
is likely to have beneficial effects on consumers and competition. Information on labels about
the attributes of alcoholic beverages would help consumers select beverages consistent with their
preferences, including making selections consistent with the recommendations of public health
agencies. In addition, it would encourage manufacturers to compete based on the nutritional
(e.g., calories, carbohydrates) attributes of their beverages.
Accordingly, in the absence of information demonstrating that disclosures would impose
significant costs on marketers, FTC staff recommends that the TTB amend its rules to require
that alcohol labels disclose:

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• serving size,
• number of servings per container; and,
• for each serving,
• the fluid ounces of ethyl (“pure”) alcohol,
• calories,
• fat and saturated fat (in grams), and
• carbohydrates (in grams).
We also recommend that, before adopting a particular format for such label disclosures, TTB
conduct empirical research to ensure that the disclosures are understandable and informative to
ordinary consumers. FTC staff recommends against applying these disclosure requirements to
advertising because the costs would likely exceed the benefits.
Marketers have expressed an interest in describing how the amount of alcohol in their
beverages compares to government health guidelines regarding moderate consumption; however,
expert sources appear to provide conflicting information about the quantity of alcohol in a
standard “drink” as described in those guidelines. FTC staff recommends that TTB confer with
public health agencies to resolve this uncertainty. We recommend that TTB thereafter allow
marketers the option of making truthful, non-misleading representations comparing the amount
of alcohol in a serving of their beverage to a standard drink or to dietary guideline
recommendations.
II. ALCOHOL CHARACTERISTICS AND EFFECTS
The Department of Health and Human Services and the United States Department of
Agriculture recently issued guidelines (“2005 Dietary Guidelines”) on what consumers should eat
and drink.12 The 2005 Dietary Guidelines state that the “consumption of alcohol can have
beneficial or harmful effects depending on the amount consumed, age, and other characteristics
of the person consuming the alcohol, and specifics of the situation.”13 According to the 2005
Dietary Guidelines, “heavy alcohol consumption” causes “increased risk of liver cirrhosis,
hypertension, cancers of the upper gastrointestinal tract, injury, violence, and death.”14 Alcohol
also varies significantly in calories per serving. The Guidelines also place a strong emphasis
generally on the importance of limiting calorie and fat consumption.15 As further discussed
below, the Dietary Guidelines recommend that adults who drink beverage alcohol limit their
consumption to “up to one drink per day for women and up to two drinks per day for men.”
The Commission also has recognized the specific risks of injury to underage consumers
who drink alcohol.16 The FTC’s 2003 Report on Alcohol Marketing and Advertising emphasized
that “drinking by minors remains high.” The Report further noted that “[t]he manner in which
minors drink places them at risk of significant harm. Excessive drinking is associated with a
variety of risky behaviors and injury, including drunk driving accidents, suicide, sexual assault,
and high risk sexual activity.”

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The amount of alcohol in beverages varies widely. Many popular beverages – 12 ounces
of regular beer containing 5% alcohol by volume (“ABV”), 5 ounces of wine containing 12%
ABV, or 1.5 ounces of 80 proof distilled spirits – deliver 0.6 ounces of pure alcohol.17 Numerous
other popular beverages, however, contain more or less alcohol. Beers in the marketplace range
from approximately 3.3% to 17% ABV,18 thus delivering between 0.39 and 2 ounces of pure
alcohol per serving. Wines range from 6% to 18% ABV,19 i.e., providing between 0.3 and 0.9
ounces of alcohol in a 5-ounce serving. Distilled spirits range from 15% to 75% ABV, i.e.,
providing 0.22 to 1.1 ounces of alcohol per serving.20
Alcohol also varies significantly in calories per serving. Calories in a serving of beer
range from 95 to 340;21 in spirits, from 48 to 180;22 and in wine, from 100 to 235.23 Similarly,
beverage alcohol varies significantly in terms of other nutrients, such as carbohydrates and fat.
The limited data that are publicly available suggests that beers range from 5 to 22 grams of
carbohydrates per serving;24 spirits may contain between 0 and 18 grams of carbohydrates;25 and
wines may contain between 1 and 18 grams of carbohydrates.26 In addition, while FTC staff is
unaware of any beers or wines that contain fat, there are a number of distilled spirits products that
contain fat from cream, milk, or coconut.27
III. FTC STAFF RECOMMENDATIONS FOR LABEL DISCLOSURES
Beverage alcohol labels can play an important role in providing information to
consumers. Consumers often will see beverage alcohol labels before they consume the product.
Approximately 75% of alcohol is purchased by consumers for use “off premise,” e.g., purchasing
beer, wine, or spirits for consumption at home, and 25% is consumed “on premise,” e.g.,
ordering a cocktail, beer, or wine at a restaurant. Because consumers purchasing beverage
alcohol for consumption off-premises will have a chance to examine the label prior to purchase,
the label may be an effective means of conveying important alcohol and nutrient content
information to consumers.
Because alcohol and nutrients in beverage alcohol can affect health, information about
these ingredients on beverage labels may help consumers make better-informed decisions. About
62% of American adults consume alcohol,28 and most adults who consume beverage alcohol
drink products in more than one of the three alcohol categories (beer, wine, and spirits).29
Research shows that in many instances, consumer decisions are made at the point of purchase.30
As a result, label disclosures about alcohol and nutrient content may assist consumers in
choosing among categories and brands. For example, labels with calorie and alcohol content
information could permit consumers to select a wine containing fewer calories or a distilled spirit
containing less alcohol.
Empirical research suggests that disclosures about nutrient content on the Nutrition Facts
Panel of food labels have assisted consumers in making better-informed choices among
competing foods.31 They also help consumers to comply with recommendations contained in the

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U.S. Dietary Guidelines and other sources regarding calorie, fat, saturated fat, and other nutrient
intake. As health consequences became a more important consideration for consumers, the
mandated disclosures have given producers a powerful economic incentive to develop and
market foods based on their nutritional attributes.
FTC staff believes that disclosure of alcohol and nutrient content information on beverage
alcohol labels could have similar beneficial effects on consumers and competition. Such
information would increase the ability of consumers to evaluate their actual alcohol, calorie,
carbohydrate, and fat intake.32 It would also increase the incentives for alcohol marketers to
engage in product innovation.
Accordingly, FTC staff recommends that beverage alcohol label regulations be modified
to require disclosure of the following information: serving size (in fluid ounces) and the number
of servings per container; and, for each serving, the fluid ounces of pure alcohol (to the nearest
tenth of an ounce), calories, fat (in grams), saturated fat (in grams); and carbohydrates (in grams).
In addition, FTC staff recommends that TTB mandate serving sizes for various
beverages.33 Establishing standard serving sizes will make it easier for consumers to compare the
alcohol, calorie, carbohydrate, and fat content of beverage alternatives.34 Further, standardized
serving sizes would avoid the presentation of such information for atypical or contrived serving
sizes.35
TTB also has requested comment on proposed formats for these disclosures.36 FTC staff
recommends that TTB adopt a standardized format, analogous to the “Nutrition Facts” labels on
foods.37 This format should mandate the order in which items appear and the language, including
abbreviations, to be used. Use of this format will speed consumer familiarity with the
disclosures and more readily enable consumers to compare alcohol and nutrient content of
different beverages when making purchase decisions. Before adopting any particular format,
however, TTB should conduct consumer research to ensure that it is understandable and
informative to ordinary consumers in making purchasing decisions.
IV. LABEL REFERENCES TO STANDARD DRINKS OR HEALTH GUIDELINES
TTB also requests comments on various proposals designed to assist consumers in
comparing their alcohol intake to the guidance of health authorities. The 2005 Dietary
Guidelines caution consumers to drink “in moderation,” defined as the consumption of:
up to one drink per day for women and up to two drinks per day for men. Twelve fluid
ounces of regular beer, 5 fluid ounces of wine, or 1.5 fluid ounces of 80-proof distilled
spirits count as one drink for purposes of explaining moderation.38
TTB requests comments on a proposal to permit or require that labels bear the statement, “U.S.
Dietary Guidelines advice on moderate drinking: no more than two drinks per day for men, one

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drink per day for women.”39 Additionally, it requests comments on proposals to permit or
require that labels compare the amount of alcohol in a serving of a beverage to a standard drink.40
Given the wide variety of alcohol levels in various beverages, however, consumers may
not know what constitutes a “drink” or whether their consumption is “moderate.” Although
some government health publications state that a standard drink contains 0.6 ounces of pure
alcohol, others state that a standard drink contains 0.5 or 0.54 ounces of alcohol.41 Researchers
have noted that the lack of standard information about what constitutes a “drink” poses problems
in evaluating alcohol intake, particularly for consumers who choose atypical beverages.42 Thus,
any statement about limits on alcohol intake must identify how much pure alcohol is contained in
a “drink” or a “standard drink,” if it is to be useful to consumers.
FTC staff therefore recommends that TTB confer with the National Institute on Alcohol
Abuse and Alcoholism (“NIAAA”) and USDA to establish the alcohol content in a standard
“drink.” Once this issue is resolved, we recommend that TTB permit marketers who so choose
to include truthful, non-misleading statements comparing the amount of alcohol in a serving of
their product to a standard “drink” or to the 2005 Dietary Guidelines’ recommendations.
The FTC staff takes no position, however, on whether TTB should mandate such a
disclosure on labels. FTC staff does not have sufficient information as to the costs and benefits
of such disclosures to marketers, consumers, and others. However, based on information
submitted to the agency during this rulemaking proceeding, including information from
government health agencies, TTB may be able to determine whether the benefits from a
mandated label disclosure outweigh its costs.43
V. DISCLOSURES IN ADVERTISING
TTB also seeks comment on whether any new labeling requirements should apply equally
to advertising.44 FTC staff recommends that TTB not impose new labeling disclosure
requirements equally to advertising. Advertising differs from labeling in important ways that
make it likely that the costs of mandatory disclosure in advertisements would outweigh its
benefits.
The food or beverage product label traditionally serves as a conduit for product
information that a regulatory agency determines is important for consumers to receive. Within a
confined physical space, the label is a vehicle for disclosure of a product’s objective
characteristics. Labeling regulations may specify in considerable detail the language and other
information that is to be presented and the relative prominence of one piece of information as
compared to another.
In contrast, advertising is designed to provide consumers with a potentially wide variety
of objective and subjective information about products.45 This diverse focus increases the costs
of mandated disclosurse because there is no equivalent “back of the label” place for the required

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information, although the costs would vary with the nature of the disclosure and the advertising
format.46 More importantly, it is the FTC staff’s belief that disclosure of detailed health-related
information – such as alcohol and nutrient content disclosures – as part of an advertisement with
a fundamentally unrelated message is unlikely to be effective and, therefore, may provide little
benefit for consumers.47 As a result, FTC staff recommends that TTB not apply new labeling
requirements equally to advertising48
VI. CONCLUSION
The FTC staff believes that TTB’s beverage alcohol label regulations should be modified
to require disclosures regarding serving size and the number of servings per container, and, for
each serving, the quantity of pure alcohol, calorie, fat, saturated fat, and carbohydrates.
Disclosing such information is likely to benefit consumers and competition. We believe that the
development and adoption of such requirements will lead to better-informed consumers who will
be able to make choices based upon relevant attributes, and potentially result in useful product
innovations. Any proposed label format should be subject to consumer research, prior to
adoption, to ensure that the disclosure is understandable to the ordinary consumer.
FTC staff also recommends that TTB, in consultation with public health agencies,
establish the alcohol content in a standard “drink.” Once this amount has been established, TTB
should permit marketers to make truthful, nondeceptive claims comparing the quantity of alcohol
in their beverages to that standard or to the 2005 Dietary Guidelines’ recommendation.
Respectfully submitted,
___________________________
Lydia B. Parnes, Director
Mary K. Engle, Associate Director, Division of Advertising Practices
Thomas B. Pahl, Assistant Director, Division of Advertising Practices
Janet M. Evans, Attorney, Division of Advertising Practices
Bureau of Consumer Protection
___________________________
Maureen Ohlhausen, Director
Office of Policy Planning
___________________________
Michael A. Salinger, Director
Joseph Mulholland, Economist
Bureau of Economics

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1. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Labeling and
Advertising of Wines, Distilled Spirits and Malt Beverages; Request for Public Comment, 70
Fed. Reg. 22274 (Apr. 29, 2005).
2. Id. at 22280-82.
3. Id. at 22275.
4. Id. at 22280-82.
5. Id. at 22275.
6. E.g., Allied Domecq Spirits & Wine Americas, Inc., 127 F.T.C 368 (1999) (consent order)
(prohibiting deceptive “low alcohol beverage” claim for a premixed cocktail containing 5.9
percent alcohol by volume); Canandaigua Wine Co., 114 F.T.C. 349 (1991) (consent order)
(prohibiting deceptive low alcohol claims for high alcohol fortified wine).
7. 15 U.S.C. § 45 et seq.
8. See, e.g., P. Ippolito & J. Pappalardo, Advertising Nutrition & Health: Evidence from
Food Advertising 1977-1997 (FTC Bureau of Economics Staff Report) (Sept. 2002); D. Murphy,
T. Hoppock & M. Rusk, A Generic Copy Test of Food Health Claims in Advertising (FTC
Bureaus of Economics and Consumer Protection Staff Report) (Nov. 1998); P. Ippolito & A.
Mathios, Information and Advertising Policy: A Study of Fat and Cholesterol Consumption in
the United States, 1977-1990 (FTC Bureau of Economics Staff Report) (Sept. 1996); P. Ippolito
& A. Mathios, Health Claims in Advertising and Labeling: A Study of the Cereal Market, FTC
Bureau of Economics Staff Report (1989).
9. Comments of the Bureau of Economics of the Federal Trade Commission on Use of the
Word “Light” (Lite) in the Labeling and Advertising of Wine, Distilled Spirits, and Malt
Beverages, BATF Notice No. 659 (Nov. 15, 1988).
10. See, e.g., Comments of FTC Staff in the Matter of Food Labeling; Health Claims; Dietary
Guidance (Docket No. 3003-0496) (Jan. 26, 2004), available at
http://www.ftc.gov/opa/2004/01/foodlabeling.html; Comments of FTC Staff in the Matter of
Obesity Working Group; Public Workshop: Exploring the Link Between Weight Management
and Food Labels and Packaging, FDA No. 2003N-0338 (Dec. 12, 2003), available at
http://www.ftc.gov/be/v040003text.pdf; Comments of FTC Staff in the Matter of Food Labeling:
Trans Fatty Acids in Nutritional Labeling, Docket No. 03N-0076 (Oct. 9, 2003), available at
ENDNOTES

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http://www.ftc.gov/os/2003/10/fdafattyacidscommenttext.pdf.
11. Currently, TTB’s regulations do not require that beverage alcohol labels disclose alcohol
or nutrient content per serving. TTB’s implementing regulations require that alcohol labels
contain the following disclosures: brand name; product identity (e.g., “rum”); the name and
address of the bottler, packer, or importer; the net contents in the package (e.g., “12 ounces”); the
presence of sulfites, FD& C Yellow No. 5; and, in the case of malt beverages, the presence of
aspartame. Distilled spirits and wines with an alcohol content exceeding 14% by volume are
required to disclose alcohol content by volume. Wine with an alcohol content between 7 % and
14% by volume may list alcohol content or the designation “table wine.” Beers are required to
comply with TTB’s alcohol labeling rules, and also to disclose alcohol by volume, only to the
extent that the laws of the state into which the malt beverages are to be shipped impose similar
requirements. See ANPRM at 22275-6.
12. See United States Department of Agriculture, Dietary Guidelines for Americans (2005),
available at http://www.healthierus.gov/dietaryguidelines/htm.
13. Id., Ch. 9, Alcoholic Beverages, available at
http://www.health.gov/dietaryguidelines/dga2005/document/html/chapter9.htm.
14. Id.
15. Id., Chapters 3 (weight management), 6 (fat intake), and 9 (alcohol).
16. Because consumption of alcohol by underage consumers poses serious risks of harm and
is unlawful, the Commission engages in and supports aggressive government efforts to prevent
and discourage underage consumers from consuming beverage alcohol, including binge drinking.
17. Examples include:
5% ABV beers Budweiser, Coors Original, Miller Genuine Draft
12% ABV wines Franzia Chardonnay Box, Fetzer Valley Oaks
Chardonnay, Sterling Sauvignon Blanc, Paul
Masson Rose, Robert Mondavi White Zinfandel,
Ecco Domani Chianti, Bolla Valpolicella, Carlo
Rossi Burgundy
40% ABV (80 proof) spirits Jim Beam Bourbon, Gilbey’s Gin, Absolut Vodka,
Bacardi Light Rum, and Jose Cuervo Classic White
Tequila

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See Realbeer.com, Calories, Carbs and Alcohol, available at
http://www.realbeer.com/edu/health/calories.php; Washington State Liquor Control Board, Price
List (May 2005), available at http://www.liq.wa.gov/PriceBook/PriceListWeb_Index.asp.
Although the level of alcohol in beers and wines is generally reported in terms of ABV, the level
of alcohol in spirits is often reported in terms of the "proof," reflecting the percentage of alcohol
by volume multiplied by two. Thus, a distilled spirit labeled as “100 proof” contains 50%
alcohol ABV.
18. Examples of beers with lower and higher alcohol levels include:
Anchor Small 3.3% ABV
Amstel Light 3.5% ABV
Mickey’s Ice 5.9% ABV
Colt 45 6.0% ABV
Guinness Foreign Extra Stout 7.5% ABV
Sierra Nevada Big Foot 9.6% ABV
Sam Adams Triple Bock 17.0% ABV
See www.realbeer.com, Calories, Carbs and Alcohol, note 17 supra.
19. Examples of wines with lower and higher alcohol levels:
Wild Vines Raspberry Zinfandel 6.0% ABV
Tosti Asti Spumanti Italy 7.5% ABV
Riunite Lambrusco 8.0% ABV
Gallo White Zinfandel Blush 8.5% ABV
Ravenswood Vintage Blend Shiraz 14.5% ABV
Toasted Head Chardonnay 14.5% ABV
Hogue ’00 Reserve Chardonnay 14.7% ABV
Noilly Prat Dry Vermouth 18.0% ABV
Gallo Dry Sherry 18.0% ABV
Nuernberger Gluhwein 20.0% ABV
See Washington State Liquor Control Board May Price List (May 2005), supra note 17.
20. Examples of spirits with lower and higher alcohol levels are:
Island Breeze by Bacardi 8.0 % ABV
DeKuyper Sour Apple Schnapps 15.0% ABV
Bailey’s Irish Cream 17.0% ABV
Kahlua Coffee 20.0% ABV
Captain Morgan Parrot Bay
Coconut Rum 21.0% ABV
many brands of

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flavored vodkas 35.0% ABV
Maker’s Mark Bourbon 45.0% ABV
Tanqueray Gin 46.0% ABV
100 proof vodkas 50.0% ABV
151 rums 75.5% ABV
Id.; See F.M. Sherbert, Light Delight: Can Bacardi’s breakthrough Island Breeze low-cal brand
create a new category of light spirits?, Market Watch, Apr./May 2005, at 65. Additional
information regarding the level of alcohol in spirits, beer, and wines is available on the Vermont
Department of Liquor Control’s website, available at http://www.state.vt.us/dlc/
retail/descriptions/.
21. Light beers have approximately 95 calories per serving. Beers with higher calorie levels
include:
Lowenbrau 160 cal.
Michelob Honey Lager 175 cal.
Red Hook IPA 188 cal.
Sam Adams Triple Bock 340 cal.
See Realbeer.com, note 17 supra.
22. See Dietary Guidelines, supra note 13 (providing calorie information for several beverage
categories); Anne Collins, supra note 22; Bacardi USA, Inc.,
http://www.islandbreezelite.com/home/default.aspx. Examples of higher calorie distilled spirits
include flavored vodkas (150 cal.) and Southern Comfort (180 cal.). See, Anne Collins, Spirits 1
& 2 and Liqueurs 1 &2, available at http://www.annecollins.com/calories/htm.
23. See Dietary Guidelines, Chapter 9, supra note 14; Anne Collins, Anne Collins Weight
Loss Program 2005, available at http://www.annecollins.com/calories/calories-wine.htm. In
some cases, these cites report calories in a three- or four-ounce serving; they have been converted
to a five-ounce serving for purposes of comparison. Wines with lower and higher calorie levels
include:
sauvignon blanc 100 cal.
white zinfandel 100 cal.
dry champagne 131 cal.
madeira 200 cal.
ruby port 231 cal.
Id.
24. See www.realbeer.com, supra note 17.

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25. Many distilled spirits (gin, vodka, whiskey, rum) contain no carbohydrates; flavored
spirits contain between 1.5 and 7 grams of carbohydrates per serving; and liqueurs may have
between 7 and 18 grams of carbohydrates per serving. See Atkins Nutritionals, Carb Gram
Counter, available at http://atkins.com/img/assets/609/atkins_carbgramcounter.pdf (Triple Sec);
Bacardi USA, Inc., supra note 23, (Island Breeze Lite); Captain Morgan Rum Co., FAQ,
available at http://www.captainmorgan.com/CMWebApp/common/showFaq.do#faq8 (Captain
Morgan Parrot Bay); R&A Bailey and Co., Frequently Asked Questions, available at
http://www.baileys.com/Baileys/openFAQ.do?topsection=-1 (Bailey’s Irish Cream).
26. See Diageo Chateau & Estate Wines Announces “Low Carb” Wines (Apr. 20, 2004),
available online at http://www.sterlingvineyards.com/news/low-carb-wines.html; Weight Loss
For All.com, Wine Carbohydrates Table, available at
http://www.weightlossforall.com/carbohydrates-wine.htm.
27. Beverages that appear to contain fat include Bailey’s Irish Cream, Amarula, Carolans
Irish Cream, Bushmills Irish Cream Liqueur, Limoncello, Mr. Boston Egg Nog, Chi Chi’s
Mexican Mudslide, Chi Chi’s Pina Colada, Kahlua With Milk, Cruzan Rum Cream, Tequila
Rose and KeKe Beach (strawberry and lime cream liqueurs) and many others. By way of
example, Bailey’s Irish Cream contains 5.8 grams of fat and 3.5 grams of saturated fat per
serving. R&A Bailey and Co., supra note 25.
28. Adams Liquor Handbook (2004), p. 282.
29. Multi-sponsor Surveys, Inc., The 2004 Gallup Study of Changes in Consumers’ Attitudes
Toward and Consumption of Alcoholic Beverages (Aug. 2004). In 2004, 45% of consumers
drank beer, 44% drank wine, and 43% drank spirits. Id.
30. According to a 1996 survey of 4,200 food shoppers, 70% of brand purchase decisions are
made at the store, the point at which consumers are being directly exposed to label information.
Point of Purchase Advertising Institute, 1996 POPAI Consumer Buying Habits Study 8 (1996).
31. Research indicates that the Nutrition Labeling and Education Act’s (“NLEA”) food
labeling requirements “positively influence consumers’ acquisition and comprehension of
nutrition information at the point of sale. Specifically, consumers spend more time searching in
the post-NLEA condition than in the pre-NLEA condition. In addition, consumers have greater
comprehension of nutrition information in the post-NLEA condition than in the pre-NLEA
condition.” See C. Moorman, A Quasi Experiment to Assess the Consumer and Informational
Determinants of Nutrition Information Processing Activities: The Case of the Nutrition Labeling
and Education Act, 15 J. Pub. Pol. & Mktg. No. 1, Spring 1996, at 39-40.
32. The U.S. Dietary Guidelines place a strong emphasis on the importance of managing
calorie intake and restricting intake of fat, particularly saturated fat. Dietary Guidelines, supra
note 13, Chapters 3 (weight management), 6 (fat intake), and 9 (alcohol).

13
33. For a discussion of the importance of establishing a uniform system of measurement, also
referred to as a “metric,” see H. Beales, R. Craswell, S. Salop, Information Remedies for
Consumer Protection, American Economic Review, Vol. 71, No. 2, Papers and Proceedings of
the Ninety-Third Annual Meeting of the American Economic Association (May, 1981), at 410-
413, available at http://links.jstor.org/sici?sici=0002-
8282%28198105%2971%3A2%3C410%3AIRFCP%3E2.0.CO%3B2-7.
34. It appears that the appropriate serving sizes ordinarily would be 12 ounces of beer, 5
ounces of wine, and 1.5 ounces of spirits, consistent with numerous statements by health and
safety authorities, as well as TTB itself. See U.S. Dietary Guidelines, supra note 13; National
Institute of Alcohol Abuse and Alcoholism (“NIAAA”), Alcohol Alert: Alcohol Metabolism (Jan.
1997) available at http://www.niaaa.nih.gov/publications/aa35.htm; National Highway
Transportation Safety Administration (“NHTSA”), The ABCs of BAC (Feb. 2005), available at
http://www.nhtsa.dot.gov/people/injury/alcohol/ABCsBACWeb/page2.htm; NIAAA, Risky
Business. Alcohol: What You Don’t Know Can Harm You, available at
http://www.collegedrinkingprevention.gov/students/risky/alcohol.aspx; TTB, Caloric and
Carbohydrate Representations in the Labeling and Advertising of Wine, Distilled Sprits, and
Malt Beverages, TTB Ruling 2004-1 (Apr. 2004), at 6, available at
http://www.ttb.gov/alcohol/info/revrule/rules/2004-1.pdf. Establishment of serving sizes
consistent with longstanding health authority guidance will facilitate the consumer learning
process. However, if a product is sold in a can or bottle that contains more than one but less than
two ordinary servings, such that a consumer is likely to consume the entire contents of the
container, it may be appropriate to require that the contents of the container be deemed to
constitute a single serving. See note 41, infra.
35. FTC staff recently submitted comments to FDA regarding the importance of proper
serving sizes and the need to make clear to consumers the relationship between serving size,
calorie, and nutrient disclosures. FTC Staff Comments in the Matter of Obesity Working Group,
(Dec. 12, 2003), available at http://www.ftc.gov/be/v040003image.pdf.
36. See ANPRM at 22279-82.
37. The Nutrition Facts Panel is an effective means of conveying nutrient information about
foods to consumers. “The provision of information under the NLEA is viewed as more effective
because it mandates disclosure on all food products, standardizes label definitions and metrics,
and regulates label placement, size, and other display features . . . the NLEA increases the
opportunity to process nutrition information while potentially reducing the required ability and
motivation.” See C. Moorman, A Quasi Experiment, supra note 31, at 39-40.
38. Dietary Guidelines, Chapter 9, available at http://www.health.gov/dietaryguidelines/
dga2005/document/html/chapter9.htm.
39. ANPRM at 22279.

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40. Id.
41. See NIAAA, Helping Patients With Alcohol Problems (Mar. 2004), available at
http://www.niaaa.nih.gov/publications/Practitioner/HelpingPatients.htm#standard (0.6 ounces of
alcohol in a standard drink ); U.S. Department of Transportation, National Highway
Transportation Safety Administration, The ABCs of BAC (Feb. 2005) (0.54 ounces); NIAAA,
Better Safe Than Sorry, at 26, (.5 ounces) available at http://www.niaaa.nih.gov/
publications/Science/Power%20Point/FAS.pdf.
Assuming that health authorities such as USDA and NIAAA agree that a standard drink
contains 0.6 ounces of alcohol, a disclosure could, for example, contain this information:
“A 1.5-ounce serving of this beverage provides 0.6 ounces of pure alcohol. Moderate drinking
means no more than 1.2 ounces of pure alcohol per day for men, 0.6 ounces per day for women.”
42. See Deborah A. Dawson, Ph.D., Methodological Issues in Measuring Alcohol Use,
Sidebar, available at http://www.niaaa.nih.gov/publications/arh27-1/18-29.htm. Dawson notes
that “beverages whose container or serving sizes do not correspond to standard drinks may pose
problems for drinkers, both when they try to report their level of alcohol consumption and when
they try to adhere to low-risk drinking guidelines that are stated in terms of standard drinks.” Id;
see also, M. Dufour, What is Moderate Drinking? Defining “Drinks” and Drinking Levels,
Alcohol Research & Health, Vol. 23, No. 1 (1999), available at
http://www.niaaa.nih.gov/publications/arh23-1/05-14.pdf, at 7 (noting that variations in alcohol
content of various beverages, such as 40 ounce beers and fortified wines, makes it difficult for
consumers to determine actual consumption).
43. The primary effect of this disclosure on a beverage alcohol label would be on adult
consumers exposed to the label at point of purchase. In considering the costs and benefits of
mandating such a disclosure, the TTB also may want to consider the secondary effects on other
consumers (e.g., underage consumers) who may be exposed to the disclosure in other contexts.
44. ANPRM at 22275.
45. Although the role of advertising differs from that of labeling, advertising can still play a
critical role in educating consumers, raising “consumer awareness about the attributes and
significance of the nutrients in particular foods and prompt consumers to examine the food label
for more nutrition information.” FTC Staff Comment in The Matter of Obesity Working Group;
Public Workshop; Exploring the Link Between Weight Management and Food Labels and
Packaging, Docket No. 2003N-0338 (Dec. 12, 2003), at 7, available at
http://www.ftc.gov/be/v040003text.pdf.
46. In weighing the costs and benefits, one must consider the disclosure in the context of the
ad, which could be a 15-second radio ad, a 30-second “image” ad on television, or an Internet
banner.

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47. FTC Staff Comment in the Matter of Request for Comments on Consumer-Directed
Promotion, Docket No. 2003N-0344 (Dec. 1, 2003), at 19-25 (recommending that FDA not
require that a substantial proportion of prescription drug product labeling be featured in direct-to-
consumer advertising).
48. There may be circumstances in which the failure to disclose nutrient information would
make a beverage alcohol advertisement deceptive. For example, in the case of foods, certain
health claims in advertising may trigger the need for a disclosure about the presence in the food
of other risk-increasing nutrients. See FTC, Enforcement Policy Statement on Food Advertising,
available at
http://www.ftc.gov/bcp/ policystmt/ad-food.htm#Introduction.