Understanding TTB’s New Social Media and Beer Ingredient Guidelines: What Breweries Need to Know

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has long been at the forefront of regulating the alcohol beverage industry, ensuring that companies adhere to standards for both product labeling and marketing. Recently, two major updates have emerged from the TTB that are particularly relevant to brewers and those involved in alcohol advertising. Industry Circular 2024-1 focuses on new social media guidelines and Industry Circular 2024-2 expands the list of beer ingredients that are exempt from formula approval requirements. 

Together, these updates shape the landscape for both marketing and production practices in the beer industry. Let’s dive into the key details of these new regulations and explore what breweries need to understand about the TTB’s evolving rules.

TTB’s New Social Media Guidelines (Industry Circular 2024-1)

On November 1, 2024, TTB released Industry Circular 2024-1, which clarifies the regulatory requirements for alcohol beverage advertising on social media. As social media platforms become central to marketing and engagement for breweries, these new guidelines provide vital insights into how TTB views content posted on sites like Instagram, Facebook, and Twitter.

Social Media as Advertising

The TTB treats social media posts from alcohol industry members as advertising, which means they must comply with the Federal Alcohol Administration (FAA) Act. This requires that posts include specific mandatory statements about the product being promoted, ensuring consumers are not misled. The required information can include the name and location of the responsible advertiser, the product’s class or type (such as “IPA” or “stout”), and sometimes the alcohol content.

Changes in the 2024 Guidelines

While previous regulations considered an entire social media page—covering home pages and associated subpages—as one advertisement, the 2024 update acknowledges the constraints of social media platforms. For example, some profiles have limited space for product information in bio sections or descriptions. To address this, the TTB now allows breweries to use links to external pages that provide the required product details. These links must be clearly labeled, such as “Product Information,” and lead directly to a page where the information is easy to find without requiring account creation or extensive navigation.

Breweries can take advantage of link-sharing services like LinkTree to aggregate multiple links on their profiles, making it easier to direct consumers to important product details. However, even with links, the TTB still requires that the posts themselves contain sufficient information to avoid misleading customers.

The Importance of Fair Practices

It’s crucial to note that the TTB also mandates compliance with regulations regarding fair advertising practices. This applies not only to original posts but also to content that is reposted or even “liked” on third-party pages. This means that brewers must ensure that any interaction on social media, including sharing content, does not violate any advertising rules, such as misrepresenting a product’s qualities or engaging in deceptive marketing.

TTB Expands List of Exempt Beer Ingredients (Industry Circular 2024-2)

On December 5, 2024, TTB issued Industry Circular 2024-2, which adds 24 new ingredients to the list of substances exempt from the formula approval requirement for beer production. The Circular expands the original list from 2015 by recognizing more ingredients that can be used in beer without brewers needing to submit a formula for approval.

Background on Formula Approval for Beer Ingredients

Under TTB regulations, any unconventional ingredients used in the brewing process typically require formula approval before production. This includes ingredients such as fruits, herbs, spices, and other food materials added to beer (see 27 CFR 25.55(a)(4)). This regulation ensures that brewers are not introducing potentially harmful or unauthorized substances into their products.

However, the TTB can exempt certain ingredients from this formula approval process if they are recognized as traditional components in fermented beverages like beer, ale, lager, or stout. The original Circular 2015-1 exempted approximately 50 ingredients, and now, Industry Circular 2024-2 adds 24 more.

What’s New in the 2024-2 Circular?

The newly added ingredients provide brewers with even more flexibility when experimenting with flavors and adding unique ingredients to their beers. The list includes fruits, nuts, herbs, and other natural substances that can be used without the need for prior approval. For example, the list now includes almonds, bananas, beets, cantaloupe, and cucumbers, along with several other ingredients, each specified in whole juice, puree, or concentrate forms (but excluding extracts, essential oils, or syrups). Some of the notable additions include:

• Almonds (excluding extracts and oils)
• Bananas (whole juice, puree, or concentrate)
• Beets (whole juice, puree, or concentrate)
• Carrots (whole juice, puree, or concentrate)
• Cucumbers (whole juice, puree, or concentrate)
• Hazelnuts (excluding extracts and oils)
• Lavender (including both lavender and spike lavender)
• Lychee fruit (whole juice, puree, or concentrate)
• Papaya (whole juice, puree, or concentrate)
• Tea (including Earl Grey under certain conditions)

These ingredients can now be added to beers without requiring additional approval from the TTB, streamlining the process for brewers who want to experiment with new flavors and create innovative products.

Additional Clarifications

TTB’s Industry Circular 2024-2 includes specific clarifications about some of these new ingredients. For instance, while the Circular allows the use of whole juice, puree, or concentrate of certain fruits, it explicitly excludes extracts, essential oils, or syrups. This distinction helps ensure that the ingredients remain natural and traditional, preventing the use of highly processed additives that could potentially alter the beer’s authenticity.

The Circular also provides information on the use of spruce tips, needles, and twigs from certain species of spruce trees, which can now be used without formula approval as long as they comply with the relevant guidelines under 21 CFR 172.510.

Why These Changes Matter to Brewers

These updates from the TTB offer significant opportunities for brewers, both in terms of marketing flexibility and product development. With the addition of 24 new exempt ingredients, brewers can more easily innovate and create unique beers without the time-consuming and costly process of submitting formula approvals. Whether it’s crafting a cucumber-infused lager or experimenting with lavender notes in a pale ale, these new ingredients open the door to creative possibilities.

At the same time, the new guidance on social media advertising ensures that brewers can promote their products on platforms like Instagram or Facebook while adhering to regulatory standards. The ability to include links to external product information pages helps address limitations on social media profiles and provides consumers with easy access to all necessary details.

Conclusion

TTB’s updates in Industry Circular 2024-1 and Industry Circular 2024-2 present exciting opportunities for brewers. The expanded list of exempt ingredients reduces barriers to creativity in brewing, while the new social media guidelines ensure that breweries can effectively promote their products online without running afoul of regulatory requirements. By understanding and adapting to these changes, breweries can remain compliant while pushing the boundaries of flavor and marketing, ultimately reaching a broader audience and enhancing their brand’s visibility. As always, it’s essential for brewers and their marketing teams to stay informed and well-versed in these evolving regulations to ensure continued success in the dynamic alcohol beverage industry.

Should you have any questions or require legal assistance, please do not hesitate to contact the Alcohol Beverage Legal Team at Jimerson Birr, P.A.