This holiday season, thousands of households will be checking “whipped cream” off their shopping lists. The Alcohol and Tobacco Tax and Trade Bureau, or TTB, wants to make sure those households are putting the right product in their cart come shopping time. A handful of whipped cream products made with alcohol have popped up over the last year. The products are typically made with grain alcohol and look like traditional whipping cream. But they pack an alcoholic punch of around 16% alcohol per volume, or a little over 30 proof. Such items are not considered food products, but rather alcoholic beverages. As one manufacturer stated in the FAQ section of its website, they’ve never had the product tested for caloric content as it is “not a food product and is not subject to FDA [U.S. Food and Drug Administration] labeling requirements; it is an alcoholic beverage.”

The fact that the product is an alcoholic beverage as opposed to a food product means it is regulated by the TTB. For more information on the TTB’s relationship with the FDA, refer back to our post on caffeinated alcoholic beverages. As the TTB reminded producers last week, all alcoholic beverage products must abide by federal labeling requirements that prohibit consumer deception. Product labels for distilled spirits are required to have a statement of the class, type and alcoholic content, along with the government warning required by 27 U.S.C. 215, among other things. Additionally, such manufacturers must comply with Federal Alcohol Administration Act, or FAA, advertising laws and the various relevant state regulatory laws. If you are of the legal drinking age and decide to try one of these alcoholic whipped cream products this holiday season, just remember, as always, to imbibe in moderation.

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