Your kombucha operation could violate advertising regulations
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Your kombucha operation could violate advertising regulations

On Behalf of | Feb 6, 2023 | Alcoholic Beverage Law |

There are many laws licensing the production of alcoholic beverages. Most people think of beer, wine and distilled spirits, but kombucha can also fall into the category of regulated, alcohol-containing beverages.

Many businesses that produce kombucha specifically maintain low alcohol levels to avoid any licensing complications. Others recognized that there is absolutely a market for kombucha with higher alcohol content. Such drinks blur the line between recreational beverages and the health food industry. There is a massive potential crossover market.

Many brewers making kombucha create specific flavors, like lavender and chamomile, because of the purported medicinal uses of the herbs. While those herbs or the positive physical impact of drinking kombucha might seem like the ideal selling point for your newest flavors, you might actually run afoul of advertising laws.

Health claims are subject to strict oversight

Plenty of people will tell you that they use chamomile tea to settle an upset stomach or lavender tea to help them unwind or fall asleep. The folk uses of these herbs as well-known, as are the potential benefits of regularly drinking fermented beverages, like kombucha.

However, to claim that a product has either of those effects on the human body, the businesses have to fund clinical trials of their products. Otherwise, they could end up facing numerous penalties that could completely consume whatever profits they may have derived from selling the products with the alleged health benefits.

Sometimes, just careful wording on your packaging, including a disclaimer indicating that the product is not intended to diagnose or treat any kind of medical condition, can reduce the likelihood of your marketing slogans or advertising attempts running afoul of laws restricting health claims in advertising.

Alcohol-related businesses can’t risk breaking the law

Whether you make the highest-proof kombucha in the state or have only just added kombucha to a broad lineup of brewed beverages, it will be difficult to remain completely compliant with all applicable state and federal laws.

From the restrictions on how you advertise and label your products to state licensing for your facilities, there are numerous matters in which you will likely require guidance and support. If you make mistakes trying to navigate the laws that apply to your business, those errors could cost you thousands or even put you out of business.

Partnering with professionals familiar with licensing, advertising and liquor laws can benefit kombucha makers and others creating products for human consumption.