ARTICLE
25 February 2026

Authenticity in Alcohol Labeling: What's Brewing?

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Holland & Knight

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In recent years, the alcohol beverage industry has faced a growing wave of consumer false advertising lawsuits alleging fraud or mislabeling – a trend that first took hold in the food sector...
United States Food, Drugs, Healthcare, Life Sciences
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In recent years, the alcohol beverage industry has faced a growing wave of consumer false advertising lawsuits alleging fraud or mislabeling – a trend that first took hold in the food sector and has now expanded aggressively into beer, wine and distilled spirits. For example, an investigation into carbonated Spanish wine labeled as Champagne rocked Reims in late 2025.

But this aberration misses a critical point: The agricultural development of crop varietals, harvest, fermentation, aging and finishing from farm to table is, in many instances, the product of a closely guarded trade secret – an ingenious process of many hands that is anathematic to "purity" or even consistency.

This is the beauty of the cultural production of alcohol, a product of, in some instances, hundreds of years of human connection with the earth and its ever-changing seasons and growing conditions.

The Alcohol and Tobacco Tax and Trade Bureau only allows the use of the word "pure" on labels under very limited conditions1 – and for good reason. It makes little sense to apply the same food-sensitive supply chain standards found to sustain compromised populations (see infant formula) to a fermented, mostly water, shelf-stable beverage enjoyed by consenting adults.

What is next for this already struggling industry? Though the production process is an important part of any product's appeal, brands must balance purity, authenticity, organic, all-natural, additive-free, etc. claims with compliance obligations and risk avoidance. As consumer litigation accelerates and regulatory scrutiny intensifies, brands, importers, distributors and producers should carefully review their labels and marketing materials for "hot‑button" terms.

Footnote

1. Under 7 C.F.R. § 5.91, the term "pure" may not appear unless it truthfully and narrowly refers to a specific ingredient or is part of a bona fide company name.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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