Title 27Intoxicating LiquorsRelease 119-73

§215 Labeling requirement

Title 27 › Chapter CHAPTER 8— - FEDERAL ALCOHOL ADMINISTRATION ACT › Subchapter SUBCHAPTER II— - ALCOHOLIC BEVERAGE LABELING › § 215

Last updated Apr 6, 2026|Official source

Summary

Starting 12 months after November 18, 1988, no one may make, import, or bottle alcoholic drinks for sale in the United States unless the container shows a government warning saying pregnant women should not drink because of birth defect risk and that drinking affects your ability to drive or operate machines and may cause health problems. The warning must be placed in a clear, noticeable spot, in a size and on a contrasting background set by the Secretary (who had 90 days after November 18, 1988, to decide). The rule does not cover drinks made or labeled for export or for use on ships or planes outside U.S. tax rules, except it still applies to items sent to members or units of the U.S. Armed Forces. The Secretary can enforce the rule, make regulations, and must coordinate the label health message with the Surgeon General.

Full Legal Text

Title 27, §215

Intoxicating Liquors — Source: USLM XML via OLRC

(a)On and after the expiration of the 12-month period following November 18, 1988, it shall be unlawful for any person to manufacture, import, or bottle for sale or distribution in the United States any alcoholic beverage unless the container of such beverage bears the following statement: “GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.”.
(b)The statement required by subsection (a) of this section shall be located in a conspicuous and prominent place on the container of such beverage, as determined by the Secretary, shall be in type of a size determined by the Secretary, and shall appear on a contrasting background. The Secretary shall make such determinations within 90 days after November 18, 1988.
(c)Subsection (a) of this section shall not apply with respect to alcoholic beverages that are manufactured, imported, bottled, or labeled for export from the United States, or for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States: Provided, That this exemption shall not apply with respect to alcoholic beverages that are manufactured, imported, bottled, or labeled for sale, distribution, or shipment to members or units of the Armed Forces of the United States, including those located outside the United States.
(d)The Secretary shall—
(1)have the power to—
(A)ensure the enforcement of the provisions of this subchapter, and
(B)issue regulations to carry out this subchapter, and
(2)consult and coordinate the health awareness efforts of the labeling requirements of this subchapter with the Surgeon General of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The internal revenue laws of the United States, referred to in subsec. (c), are classified generally to Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

27 U.S.C. § 215

Title 27Intoxicating Liquors

Last Updated

Apr 6, 2026

Release point: 119-73