TTB updates notice on hemp ingredients in your alcoholic beverages – hemp seed and hemp seed oil derivatives will be reviewed – others need FDA approval first.

Recently, the TTB expounded on its 2018 guidance regarding hemp derivatives (THC and CBD) to change the status for a few hemp derivatives while it works on an updated guidance. Since the Farm Bill from 2018 excluded “hemp” from the definition of marijuana under the Controlled Substances Act, the TTB wanted to address queries about producing alcoholic beverages with ingredients like CBDs derived from hemp.

In the 2018 guidance, the TTB informed brewers, distillers, vintners (everybody) that they would not approve formulas or labels for alcoholic beverages that contained controlled substances under Federal law.

In the new 2019-1 notice, the TTB states that it will not approve any formulas for alcohol beverages that contain ingredients that are controlled substances and even if a cannabis derived substance meets the updated Farm Bill definition of “hemp” the TTB will conslut with the FDA to determine whether its use violates the Food Drug and Cosmetic Act.

The update goes on to let industry members know that the TTB will return applications for formulas containing hemp ingredients other than those derived from hemp seeds or hemp seed oil. And that applicants for other derivatives will have the option to resubmit upon favorable approval (individual determination) from the FDA of their ingredients.

The notice reminds alcoholic beverage producers that even beverages sold exclusively in intrastate commerce require formula approval and that laboratory analysis of “hemp” ingredients is still required to ensure the ingredients are not controlled substances under Federal law.

With regard to testing and FDA approval which you can then take to the TTB – information about the recommended toxicological testing for ingredients used in food and contact information for general questions can be found on the FDA website.  Applicants seeking to obtain an individual response on the regulatory status of their ingredient (e.g., via a GRAS notice) should contact FDA’s Office of Food Additive Safety directly at (240) 402-1200 before conducting studies or preparing documentation.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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