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February 18, 2022

ABLA Civil Penalty Adjusted for Inflation

On Thursday, February 17, 2022, we published the latest civil monetary penalty inflation adjustment notification, adjusting the maximum penalty for violations of the Alcoholic Beverage Labeling Act of 1988 (ABLA). Beginning February 17, 2022, the penalty is raised from $21,663 to $22,979, with each day constituting a separate offense.

The ABLA requires a government health warning statement to appear on all containers of alcoholic beverages sold or distributed in the United States. It also provides that any person who violates the provisions of the ABLA is subject to a civil penalty of not more than $10,000, with each day constituting a separate offense. However, the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, requires agencies to make periodic inflation-based adjustments to civil monetary penalties.

ABLA Penalty

Avoiding Common Errors on Your Labels – Government Health Warning Statement

One of the most common problems we see on alcohol beverage labels is errors in the mandatory health warning statement, including punctuation and formatting problems.

The following health warning statement must appear on all alcohol beverages that contain 0.5% or more alcohol by volume:

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.

Follow these tips to avoid some of the most common errors on the health warning statement: