Label health statements what TTB's new regulations really mean

Wines & Vines, Oct, 2003 by Elisabeth Holmgren

These alcohol policy activities influenced consumer perceptions and lifestyle choices as well as related policy discussions. In response, the industry asked that the emerging research on moderation and related favorable public health positions, such as the dietary guidelines, be considered as well.

At that point, WI and other leading industry groups attempted to redefine the debate on wine in America through scientifically based and socially responsible education. These efforts were part of a broad public policy mission. BATF gave approval to these outreach efforts, confirming the industry's first amendment rights to distribute third-party scientific information. During this time frame, BATF was petitioned with various label proposals by different groups and in 1992, BATF approved a neck hanger for one of the wineries quoting a CBS "60 Minutes" statement, "Alcohol, in particular red wine, reduces the risk of heart disease." After leaders within the government, public health, research and alcohol abuse prevention communities filed vigorous protests, the winery voluntarily withdrew the bottleneck hanger. In addition, BATF approved earlier a "wine and civilization" label, which does not refer to any health information, thus resulting in less controversy.

Following all these developments, in the late 1990s the wine industry, and especially WI, started to seek approval for a voluntary directional label. This was positioned as a consumer education tool intended to serve the industry's policy mission. Along with some independent expert opinion, the industry argued that consumers should be given all the facts, so that they can make responsible consumption choices as part of a wellbalanced diet and lifestyle.

In fact, in 1999, the government had initially approved these directional labels on wines. The Treasury Department had viewed the statements as neutral because they do not make any direct health statement or claim. However, other public health and alcohol abuse prevention leaders expressed concern that any such statement would advocate the consumption of wine, beer and spirits. The government imposed a moratorium on the issue and took several years to review the situation. In the meantime, throughout this debate, there were other proposals by the abuse prevention community to augment and strengthen the current on-product warning label and to propose rotating health warnings in advertising. These issues were also before BATF, but after careful review, it did not make any changes.

The Social Issues Debate

Proposals on directional label statements resulted in an ongoing serious debate. Some opponents believed that the label was indirectly making health claims that could lead to increased consumption among current drinkers and nondrinkers, ultimately leading to increased abuse rates. Political figures such as the late Senator Strom Thurmond, as well as major governmental and public health agencies such as the DHHS, the Federal Trade Commission, the American Heart Association and the American Medical Association seriously criticized the directional label proposal. They asked BATF not to approve it.