TTB NEWS

 

Tax Simplification

May 16, 2025

Reminder: FDA Revokes Authorizations for Use of Brominated Vegetable Oil and FD&C Red No. 3 As a reminder, the U.S. Food and Drug Administration (FDA) has amended its regulations to revoke the authorization for the use of brominated vegetable oil (BVO) in food (which includes alcohol beverages) and FD&C Red No. 3 in food and ingested drugs. If you have an existing approved formula that has changed or will change to remove BVO or FD&C Red No. 3, you must apply for a new TTB formula approval prior to the compliance dates listed below. Brominated Vegetable Oil AGENCY: Food and Drug Administration, HHS ACTION: Final Rule SUMMARY: The FDA issued a final rule to revoke the authorization for the use of BVO in food. This action was taken because there is no longer a reasonable certainty of no harm from the continued use of BVO in food. Specifically, the final rule revokes the authorization for the use of BVO as a food ingredient intended to stabilize flavoring oils in fruit-flavored beverages. There are no authorizations for other uses of BVO in food. DATES: The rule took effect on August 2, 2024. The compliance date for this rule is August 2, 2025 (one year after the effective date of the final rule), to provide the opportunity for companies to reformulate, relabel, and deplete the inventory of BVO-containing products before the FDA begins enforcing the final rule. For more information on BVO, please refer to FDA’s website: Brominated Vegetable Oil (BVO) | FDA.  FD&C Red No. 3 AGENCY: Food and Drug Administration, HHS ACTION: Final Amendment; order SUMMARY: The FDA is granting a color additive petition submitted by Center for Science in the Public Interest, et al., by repealing color additive regulations that permit the use of FD&C Red No. 3 in food (including dietary supplements) and ingested drugs. The petitioners provided data demonstrating that this additive induces cancer in male rats. Therefore, FDA issued an order revoking the authorized uses in food and ingested drugs of FD&C Red No. 3 in the color additive regulations. DATES: This order is effective January 15, 2027, for food, and January 18, 2028, for ingested drugs. If any provisions are delayed or stayed by the filing of proper objections, FDA will publish such notification in the Federal Register. For more information on FD&C Red No. 3, please refer to FDA’s website: FD&C Red No. 3 | FDA. FDA and TTB Limited Ingredients

Proposed Information Collections: Time to Comment As required by the Paperwork Reduction Act of 1995, we are requesting comments on 10 existing information collections (forms, recordkeeping requirements, and labeling requirements). We will include or summarize any submitted comments in our request to the Office of Management and Budget (OMB) for possible reapproval of the described information collections. As such, all comments are part of the public record. To comment electronically, use the comment form posted with this notice in Docket No. TTB–2025–0004 on the Regulations.gov website. To comment by postal mail, see the instructions in the notice.   See the notice for the complete list of the 10 information collections we are seeking comments on. Among those information collections are: OMB No. 1513–0057, Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2);  OMB No. 1513–0087, Labeling and Advertising Requirements Under the Federal Alcohol Administration Act;  OMB No. 1513–0093, Application for Extension of Time for Payment of Tax; Application for Installment Agreement (TTB F 5600.31 and TTB F 5600.38); and  OMB No. 1513–0114, Beer for Exportation (TTB F 5130.12). Comments on any of the 10 information collections described in this notice are due to TTB by July 14, 2025.   Notice and Request for Comments TTB Accepts 2 Offers in Compromise We recently accepted two Offers in Compromise from:   Warwick Valley Wine Co., Inc. for allegedly removing ineligible spirits at a reduced rate and failing to timely file and pay excise tax; and Cardinal Spirits LLC for allegedly failing to timely file and pay excise tax. You may view all TTB administrative actions on TTB.gov.   Offers in Compromise

What's Trending on TTB.gov: Scientific Services Division Limited Ingredients Food Products Containing Ethanol Flavoring Substances and Adjuvants Subject to Limitation or Restriction What Makes a Product Unfit? Drawback Tutorial

For More TTB News TTB.gov Contact TTB