It s Not Just Food Anymore: An Update on Gluten-Free Alcoholic Beverage Labeling

It s Not Just Food Anymore: An Update on Gluten-Free Alcoholic Beverage Labeling Featuring: Tricia Thompson, MS, RD www.glutenfreewatchdog.org Brought to you by: Bard s National Foundation for Celiac Awareness 2013. All rights reserved. 1

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Special Notes Questions for Tricia at close of webinar: Please address inquiries related to alcoholic beverages in general not specific brands. We recommend that you contact the manufacturer directly regarding all brand-specific questions and comments. Many of today s discussion points are built on top of one another, requiring close attention. All material included in this webinar, "It's Not Just Food Anymore: An Update on Gluten- Free Alcoholic Beverage Labeling," is solely the product of the presenter, Tricia Thompson, MS, RD working with the National Foundation for Celiac Awareness (NFCA). While our sponsor, Bard s Beer, is impacted by the rulings related to labeling of alcoholic beverages as proposed by the U.S. Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau and subsequently reviewed in this webinar, Bard s has not participated in nor contributed to the development of any of the content included in this presentation. This webinar is intended for an audience of people ages 21 and over. Please enjoy gluten-free alcoholic beverages responsibly. Thank you! National Foundation for Celiac Awareness 2013. All rights reserved. 3

Watch & Win! Seven lucky webinar participants will win a Bard s Beer t-shirt NFCA is also throwing in some of our own swag and a copy of the Winter 2013 edition of Allergic Living magazine National Foundation for Celiac Awareness 2013. All rights reserved. 4

Welcome! Tricia Thompson, MS, RD Internationally recognized gluten-free expert Nutrition consultant celiac disease Author of several books, including: The Gluten-Free Nutrition Guide and The Complete Idiot's Guide to Gluten-Free Eating Contributing author to the Academy of Nutrition and Dietetics' Nutrition Care Manual Learn more at: www.glutenfreedietitian.com Founder: www.glutenfreewatchdog.org National Foundation for Celiac Awareness 2013. All rights reserved. 5

Presentation Objectives Describe in detail the Alcohol and Tobacco Tax and Trade Bureau s (TTB) interim policy on gluten-free labeling of alcoholic beverages Discuss whether and under what circumstances malt beverages, distilled alcohol, and wine can be labeled gluten-free Explore the contrasts in the alcoholic beverages the TTB will allow to be labeled gluten-free and the alcoholic beverages the gluten-free community may consider gluten-free National Foundation for Celiac Awareness 2013. All rights reserved. 6

Alcohol Labeling: TTB & FDA Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the labeling of almost all alcoholic beverages under the Federal Alcohol Administration Act (FAA Act) Exceptions include: Beer made without malted barley and hops Wines containing less than 7% alcohol by volume Hard ciders containing less than 7% alcohol by volume Above products are regulated by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act and Fair Packaging and Labeling Act National Foundation for Celiac Awareness 2013. All rights reserved. 8

Gluten-Free Labeling: Alcoholic Beverages FDA allows alcoholic beverages under its jurisdiction to be labeled gluten-free Reminder, labeling of the following alcoholic beverages are included under FDA s purview: Beer made without malted barley and hops Wines containing less than 7% alcohol by volume Hard ciders containing less than 7% alcohol by volume Historically TTB has not allowed gluten-free claims on alcoholic beverages May 2012: TTB released an Interim Policy on Gluten Content Statements in the Labeling & Advertising of Wines, Distilled Spirits & Malt Beverages TTB ruling available at http://www.ttb.gov/rulings/2012-2.pdf National Foundation for Celiac Awareness 2013. All rights reserved. 9

Gluten-Free Labeling: TTB Interim Policy TTB has stated they released this policy pending a final rule from the FDA on glutenfree labeling of food TTB has also stated they will evaluate their policy in light of the final rule once it is released National Foundation for Celiac Awareness 2013. All rights reserved. 10

TTB Interim Policy, cont Will not allow gluten-free claims to be included on product labels or in product advertising if: The alcohol is made with any amount of wheat, barley, rye, or crossbred varieties of these grains OR any ingredients derived from these grains National Foundation for Celiac Awareness 2013. All rights reserved. 11

TTB Interim Policy, cont Will allow gluten-free claims on product labels and in advertisements if: The alcohol is made without wheat, barley, rye, crossbred varieties of these grains OR ingredients derived from these grains BUT producers must ensure that raw materials, ingredients, production facilities, storage materials, and finished products are NOT cross-contaminated with gluten National Foundation for Celiac Awareness 2013. All rights reserved. 12

TTB Interim Policy, cont Will allow the statement Processed (or treated or crafted) to remove gluten for products made with wheat, barley, rye, crossbred varieties of these grains OR any ingredients derived from these grains IF these grains or ingredients have been processed (or treated or crafted) to remove all or some of the gluten IF National Foundation for Celiac Awareness 2013. All rights reserved. 13

TTB Interim Policy, cont One of the following statements is also included on the product label and in advertisements: Product fermented from grains containing gluten and [processed or treated or crafted] to remove gluten. The gluten content of this product cannot be verified, and this product may contain gluten. OR This product was distilled from grains containing gluten, which removed some or all of the gluten. The gluten content of this product cannot be verified, and this product may contain gluten. National Foundation for Celiac Awareness 2013. All rights reserved. 14

TTB Interim Policy, cont Labeling statement for products that state Processed to remove gluten will be approved by TTB only if: A detailed description of the process used to remove gluten is provided Results of testing on the finished product using the R5 Mendez Competitive ELISA are provided National Foundation for Celiac Awareness 2013. All rights reserved. 15

Can malt beverages (beer) be labeled gluten-free? Beer regulated by the FDA may be labeled gluten-free: Products are made using a substitute for malted barley Beer regulated by the TTB may NOT be labeled gluten-free: By definition these beverages are made using malted barley National Foundation for Celiac Awareness 2013. All rights reserved. 17

Beer and the TTB Under TTB definition malt beverages, such as beer, are made using malted barley and hops Under TTB interim policy any malt beverage made with any amount of barley may NOT be labeled gluten-free Specialty beers made with malted barley that have been processed to remove gluten may include the statement processed to remove gluten as long as qualifying statement included: Product fermented from grains containing gluten and processed to remove gluten. The gluten content of this product cannot be verified, and this product may contain gluten. National Foundation for Celiac Awareness 2013. All rights reserved. 18

Beer and the TTB, cont Position of TTB: There is no scientifically valid method for accurately measuring the gluten content of fermented beverages According to FDA: Formally validated method = method that underwent multi-laboratory performance evaluation Scientifically validated method = method is accurate, precise, and specific and evaluation published in peer-reviewed scientific literature National Foundation for Celiac Awareness 2013. All rights reserved. 19

Testing Beer: Difficulties Beer is a fermented product (gluten protein from barley is broken down into peptide fragments) Formally validated sandwich ELISAs for assessing gluten can NOT accurately detect protein that has been highly hydrolyzed/fermented: R5 Mendez Morinaga Wheat Protein Competitive ELISAs are used to assess peptide fragments: Competitive R5 ELISA available National Foundation for Celiac Awareness 2013. All rights reserved. 20

Testing Beer: Difficulties, cont Competitive R5 ELISA best available method BUT: Has NOT been formally validated Argument can be made that it has been scientifically validated Difficulties may remain: Relating toxicity of gluten peptide fragments to gluten protein Developing an extraction solution that works with hydrolyzed and heat treated products UPEX Solution National Foundation for Celiac Awareness 2013. All rights reserved. 21

Okay BUT IF all this is true, why are certain traditional beers made with malted barley labeled gluten-free? FAA Act generally requires a prior certificate of label approval before beverages under its jurisdiction can be sold across state lines IF a product is brewed and sold in the same state, this Act may not apply For malt beverages this Act also may not apply if the laws of the state to which the beverage is being shipped do not require a prior certificate of labeling approval from the TTB National Foundation for Celiac Awareness 2013. All rights reserved. 22

Okay BUT, cont So this is why, if you live in Oregon, you may come across a particular brand of beer made from barley malt that is labeled gluten-free Specifically, I have been told by the TTB that, Under the FAA Act, States have the authority not to require Federal approval regarding the labeling of malt beverages that are sold within that State National Foundation for Celiac Awareness 2013. All rights reserved. 23

My Opinion At this point in time, traditional beer made with malted barley even when processed to remove gluten should be avoided by individuals with gluten-related disorders Alcohol labeling law is very confusing It would be far less confusing if brewers followed the labeling and advertising policies of the TTB regardless of where their beer is brewed and sold National Foundation for Celiac Awareness 2013. All rights reserved. 25

Can distilled alcohol be labeled gluten-free? Under the TTB interim policy some distilled beverages may be labeled gluten-free; others may not Depends upon the starting materials, among other things: Wheat, barley, rye, and any ingredients derived from these grains may not be included in a distilled beverage labeled gluten-free National Foundation for Celiac Awareness 2013. All rights reserved. 27

Distilled Alcohol and the TTB Distilled alcohol that can be labeled gluten-free (by no means is this list complete) Vodka distilled from potatoes Rum distilled from sugar cane Distilled alcohol that can NOT be labeled gluten-free (by no means is this list complete) Vodka distilled from wheat Whiskey distilled from rye National Foundation for Celiac Awareness 2013. All rights reserved. 28

Distilled Alcohol and the TTB, cont Distilled alcohol that has as a starting material wheat, barley, or rye may be labeled processed to remove gluten as long as qualifying statement is included: This product was distilled from grains containing gluten, which removed some or all of the gluten. The gluten content of this product cannot be verified, and this product may contain gluten National Foundation for Celiac Awareness 2013. All rights reserved. 29

Okay BUT Isn t distilled alcohol gluten-free even if wheat, barley, or rye is one of the starting materials? Experts say yes and here s why: Alcohol is either fermented OR fermented then distilled Both are made by first converting starch or sugar from a food source, such as wheat, potato, corn, and rye to alcohol using yeast With fermented beverages the liquid removed from the grain mash is boiled National Foundation for Celiac Awareness 2013. All rights reserved. 30

Okay BUT, cont IF wheat, barley, or rye is used to make the mash, this liquid is not gluten-free With distilled beverages, such as vodka, the liquid removed from the grain mash is boiled and distilled Distillation separates substances that are volatile meaning they vaporize from those that are not Protein is not volatile and does not vaporize National Foundation for Celiac Awareness 2013. All rights reserved. 31

Okay BUT, cont Why isn t the TTB making a distinction between fermented and distilled alcohol? Distilled alcohol is fermented first Position of TTB is that there is no scientifically valid method for accurately measuring the gluten content of fermented beverages Not possible to verify gluten protein content in final distillate National Foundation for Celiac Awareness 2013. All rights reserved. 32

My Opinion Pure distilled alcohol should be considered gluten-free regardless of starting material Certain classes of distilled spirits may contain added coloring and flavoring: When added before distillation these ingredients should not be an issue As a general rule: Caramel color, regardless of starting material, including wheat-based glucose, is unlikely to cause an otherwise gluten-free product to contain 20 ppm or more gluten If you have any concerns, contact the manufacturer National Foundation for Celiac Awareness 2013. All rights reserved. 34

Can wine be labeled gluten-free? Under the TTB interim policy most wines can be labeled gluten-free Depends upon what additives or storage materials were used, among other things: may be gluten-free if the producer used good manufacturing practices, took adequate precautions to prevent cross-contamination, and did not use additives, yeast, or storage materials that contained gluten National Foundation for Celiac Awareness 2013. All rights reserved. 36

Wine and the TTB Wine that can be labeled gluten-free: Wine fermented from grapes aged in a stainless steel barrel alternative Wine fermented from grapes fined with egg whites Wine that can NOT be labeled gluten-free: Wine aged in an oak barrel sealed with a wheat flour paste Wine fined with hydrolyzed gluten National Foundation for Celiac Awareness 2013. All rights reserved. 37

Okay BUT Isn t the whole oak barrels sealed with a wheat paste concern an old wives tale based on an ancient practice? According to a large winery in the U.S. it is standard practice in the wine barrel making business to seal the tops of barrels with a flour paste The staves of the barrels do not need any type of sealant The amount of flour paste to seal the barrel heads is minimal Aging wine in barrels is still a widely used practice, although many wineries use barrel alternatives Using barrel alternatives for aging wine eliminates the need for flour paste Red wines such as Cabernet Sauvignon, Merlot, Zinfandel and red blends at a price point equal or higher than $12.00 tend to be aged a little longer and in actual oak barrels National Foundation for Celiac Awareness 2013. All rights reserved. 38

Results of testing done by Gluten Free Watchdog, LLC on wine aged in oak barrels sealed with wheat flour paste (www.glutenfreewatchdog.org): Cabernet Sauvignon: Sandwich R5 ELISA extraction 1: < 5 ppm gluten Sandwich R5 ELISA extraction 2: < 5 ppm gluten Competitive R5 ELISA extraction 1: < 10 ppm gluten Competitive R5 ELISA extraction 2: < 10 ppm gluten Merlot: Okay BUT, cont Sandwich R5 ELISA extraction 1: < 5 ppm gluten Sandwich R5 ELISA extraction 2: < 5 ppm gluten Competitive R5 ELISA extraction 1: < 10 ppm gluten Competitive R5 ELISA extraction 2: < 10 ppm gluten For more information see: https://www.glutenfreewatchdog.org/blog.php?id=8 National Foundation for Celiac Awareness 2013. All rights reserved. 39

Okay BUT, cont Test results are in keeping with the position of the Canadian Vintner s Association in their guidance to industry based on Health Canada s new allergen labeling regulations Under these regulations wine aged in oak barrels sealed with wheat paste does NOT require the labeling of the gluten source: The wheat paste gluten source has not been used as an additive or processing aid in the winemaking process. There is no evidence of gluten protein remaining in the wine as the result of cross-contamination, and allergen labeling is not required in this circumstance. Guidance available at http://www.sawis.co.za/winelaw/download/canadianwineindustryfactsheetjuly2012_000.pdf National Foundation for Celiac Awareness 2013. All rights reserved. 40

Okay BUT, cont Is hydrolyzed gluten used to fine wine? Using hydrolyzed gluten to fine wine appears to be a relatively new and rarely used practice Fining is the process of clarifying wine to remove particles that may cause cloudiness during the aging process Fining agents include egg white, milk protein, isinglass, and gelatins National Foundation for Celiac Awareness 2013. All rights reserved. 41

My Opinion Almost all wine should be considered gluten-free, including wine aged in oak barrels sealed with wheat flour paste The jury is still out on the gluten-free status of wine fined with hydrolyzed gluten National Foundation for Celiac Awareness 2013. All rights reserved. 43

Summary TTB is now allowing alcoholic beverages to be labeled gluten-free Gluten-free labeling policy is very conservative May cause confusion among consumers especially in regards to pure distilled alcohol and wine Most experts agree that these beverages may be consumed (in moderation of course) as part of a gluten-free diet It is very important to have formally validated assays to assess foods and beverages for gluten unfortunately, we are not there yet with the competitive R5 ELISA Link to TTB s Interim Policy: http://www.ttb.gov/rulings/2012-2.pdf National Foundation for Celiac Awareness 2013. All rights reserved. 44

Save The Date! CeliacCentral.org/Webinars Topic: "Sex and the Celiac: A Focus on Reproductive Health Date: Wednesday, February 20, 2013 Time: 8:30 p.m. Eastern/5:30 p.m. Pacific Speaker: Stephanie M. Moleski, MD, Assistant Professor of Medicine, Thomas Jefferson University Hospitals Topic: "Beyond Celiac Disease: The Impact of Gluten on Neuropsychiatric Disorders Date: Tuesday, April 9, 2013 Time: 8:30 p.m. Eastern/5:30 p.m. Pacific Speaker: Armin Alaedini, PhD, Assistant Professor, Department of Medicine, Columbia University Medical Center National Foundation for Celiac Awareness 2013. All rights reserved. 47

National Foundation for Celiac Awareness: Resources Non-celiac gluten sensitivity: Expert interviews, a printable guide and more at CeliacCentral.org/NCGS Follow-up from December webinar: Look out soon for Q&A from Doctors Leffler and Murray January: Win your Wish List of gluten-free food from Vitacost.com. Visit CeliacCentral.org/Wishlist2013 February: Cook for Your Love with brand new gluten-free recipes from Thai Kitchen. Watch our homepage at CeliacCentral.org for the full info, including how to enter that month s gluten-free giveaway! Wine Spectator s Wine & Healthy Living Q&A: http://tinyurl.com/bcqe7kp National Foundation for Celiac Awareness 2013. All rights reserved. 48

Thank you! Questions? Comments? Feedback? Kristin Voorhees: kvoorhees@celiaccentral.org Tricia Thompson: tricia_s_thompson@hotmail.com National Foundation for Celiac Awareness 2013. All rights reserved. 49