TTB Newsletter for May 15 2026

Reminder: Color Additives in Alcohol Beverage Products

The Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) are working with industry to remove petroleum-based synthetic dyes from the nation's food supply. As a reminder, FD&C Red No. 3 will no longer be permitted in foods, including alcohol beverages. Industry members have until January 15, 2027, to reformulate their products. On July 14, 2025, FDA issued a letter encouraging food manufacturers to accelerate phasing out the use of FD&C Red No. 3 in foods before the 2027 deadline.

In support of this transition, FDA has approved new color additives derived from natural sources. See FDA Color Additives for details.

Can I use any approved color additive in my alcohol beverage?

Color additives must be approved by FDA before use. While some approved color additives may be used broadly in foods (including alcohol beverages), others are authorized only for specific products. A color additive may be used in alcohol beverages only if:

• It is approved for use in food generally, or
• Its regulation specifically lists coloring of alcoholic beverages as an intended use.

Questions?

We encourage you to seek out the resources on FDA's website regarding color additive petitions and to contact FDA ([email protected]) with questions about the color additive approval process and how you may ensure your products can take advantage of color additives derived from natural sources as they become available.

If you have a question about the classification of your alcohol beverage product, or an allowed use of a certain color additive, please contact the Alcohol Labeling and Formulation Division (ALFD) through our ALFD Contact Form. If you need nonbeverage product assistance, contact the Nonbeverage Alcohol and Tobacco Branch using our Scientific Services Division Contact Form.

Food and Drug Administration: Tobacco Notice

Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization; Guidance for Industry; Availability

SOURCE: Federal Register / Vol. 91, No. 91 / Tuesday, May 12, 2026

AGENCY: Food and Drug Administration, Department of Health and Human Services

ACTION: Notice of availability.

SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a final guidance for industry entitled ''Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization.'' This guidance document describes certain enforcement policies with regard to the marketing of certain electronic nicotine delivery systems and oral nicotine pouch products that do not have premarket authorization.

Date: The announcement of the guidance was published in the Federal Register on May 12, 2026.

Department of Agriculture: U.S. Codex Office Meeting

Codex Alimentarius Commission: Meeting of the Codex Alimentarius Commission

SOURCE: Federal Register / Vol. 91, No. 92 / Wednesday, May 13, 2026

AGENCY: U.S. Codex Office, Department of Agriculture

ACTION: Notice.

SUMMARY: The U.S Codex Office is sponsoring a public meeting on June 22, 2026. The objective of the public meeting is to provide information and receive public comments on agenda items and draft U.S. position to be discussed at the 49th Session of the Codex Alimentarius Commission (CAC), which will meet in Geneva, Switzerland, from July 6 to July 10, 2026. The U.S. Manager for Codex Alimentarius and the Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested U.S. parties the opportunity to obtain background information on the 49th Session of the CAC and to address items on the agenda.

DATES: The public meeting is scheduled for June 22, 2026, from 1:00-4:00 p.m. ET.