The deadline is fast approaching for public comments on a controversial proposal to allow health claims to be included on wine bottles and other alcoholic beverage packaging.In response to a petition from the wine industry, the federal Bureau of Alcohol, Tobacco and Firearms (ATF) issued a proposed rule last October that would allow wine labels to include the following messages:
"The proud people who made this wine encourage you to consult your family doctor about the health effects of wine consumption."
and
"To learn about the health effects of wine consumption, send for the Federal Government's Dietary Guidelines for Americans, Center for Nutrition Policy and Promotion, USDA, 1120 20th St., N.W., Washington, DC 20036, or visit its web site at http://www.usda.gov/fcs/cnpp.htm"
The dietary guidelines warn about the dangers of excessive alcohol consumption and urge moderation, noting that "moderate drinking is associated with a lower risk for coronary heart disease in some individuals." The Report of the Dietary Guidelines Advisory Committee on the Dietary Guidelines for Americans, 2000, released in January, echoes this advice with the caveat that no health benefits have been proven for young people who drink in moderation, and that early drinking is a risk factor for health problems.
Despite the warnings, however, the alcoholic beverage industry -- and the wine industry in particular -- have seized upon the research about possible health benefits of moderate consumption as a potent marketing tool. The news that ATF was considering allowing such health claims on wine labels, in turn, prompted a sharp response from lawmakers and health advocates alike. Sen. Throm Thurmond (R-S.C.), whose daughter was killed by a drunk driver, held up key appointments in the Treasury Department (of which ATF is a part) as leverage over the rulemaking process.
Meanwhile, advocacy groups like the Center for Science in the Public Interest (CSPI) and the National Council on Alcoholism and Drug Dependence (NCADD) have weighed in with letters to ATF expressing their opposition to allowing health claims in alcohol packages. CSPI, for example, called such claims "inherently misleading" because of:
- the risks associated with alcohol consumption;
- the fact that the health benefits of moderate use do not apply universally;
- the potential impact on the portions of the population that should not drink at all, such as pregnant women and people in recovery from addiction;
- the likelihood that health messages would undermine existing government warnings about the danger of alcohol use
- concern that any explanatory statements would fail to clarify the underlying health claims
- the belief that there are safer ways to reduce the risk of heart disease.
"While CSPI acknowledges evidence that demonstrates a reduction in coronary heart risk among moderate drinkers compared with non-drinkers, we contend that the number, consistency or validity of those studies is not at issue in this rulemaking," wrote George Hacker, head of CSPI's Alcohol Policies Project, and Fritz Weikling, the project's federal affairs manager. "Health claims for alcoholic beverages on labels or in advertising should simply not be allowed no matter how well-supported those claims may be."NCADD, in its letter to ATF, says that not only are health claims about alcohol misleading and potentially confusing, but contends that few consumers will actually follow up by obtaining the federal dietary guidelines, which largely advise against alcohol consumption. NCADD also noted that a 1998 report from the Substance Abuse and Mental Health Services Administration (SAMHSA) found that "heavy drinkers tended to use their beliefs about the health effects of wine to justify heavy drinking behavior and resist arguments for diminished intake."
"On balance, the potential negative consequences of alcohol consumption far outweigh potential benefits of drinking," NCADD said in its letter.
The Wine Institute, the industry's major trade group, has not yet submitted its comments to ATF, a spokesperson told Join Together. But Wine Institute President John DeLuca said in an Oct. 22, 1999 press release that the ATF's proposed rulemaking on alcohol labels was "a positive development" because it framed the issue in terms of "labeling and advertising issues, not public policy First Amendment rights, and therefore does not affect Wine Institute's ongoing program to disseminate third-party scientific research findings." De Luca added that the ATF comment period "provides a new, governmentally authorized open forum to educate the public and decision- and opinion-makers regarding the developing consensus on the health effects of moderate wine and alcohol consumption."
"Wine Institute certainly intends to continue its support for providing balanced, scientific information to the public, which has the right to know, and should be trusted to handle, the latest research findings -- the positive as well as the negative," wrote De Luca.
ATF is currently accepting public comments on its proposed rules governing health claims on alcoholic beverage labels. Comments must be received on or before Feb. 22, 2000.
Written comments should be sent to:
Chief
Regulations Division
Bureau of Alcohol, Tobacco and Firearms
P.O. Box 50221
Washington, DC 20091-0221
Attn.: Notice No. 884
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