US Surgeon General Advises on Link Between Alcohol and Cancer, Recommends Cancer Warnings on Alcohol Labels; Alcohol Beverage Industry Challenges Findings

ArentFox Schiff
Contact

ArentFox Schiff

On January 3, the US Surgeon General issued an advisory on the association between alcohol and the risk of cancer. The alcohol beverage industry has swiftly responded highlighting conflicting studies and federal guidelines.

Citing selected scientific literature, the advisory concludes that alcohol consumption is the third leading preventable cause of cancer in the United States. Among other things, the advisory recommends updating the “Government Warning” statement on alcohol beverage labels to warn consumers about the cancer risk. In response, alcohol beverage industry participants have highlighted alternative scientific studies and federal guideline contradicting the Surgeon General’s findings.

Potential Changes to Mandatory Government Warning

Since 1988, federal law has required a “Government Warning” statement on every alcoholic beverage sold in the United States. Under existing law, the Government Warning must state that (1) pregnant women should not drink alcohol because of the risk of birth defects and (2) that alcohol may impair one’s ability to drive a car, operate machinery, and could cause health problems. It is also subject to strict formatting and placement requirements.

If enacted, the Surgeon General’s recommendation would require alcohol beverage suppliers to update the Government Warning statement for the first time since the statement became mandatory nearly four decades ago. Nonetheless, only US Congress has the power to update existing federal law to require alcohol labels to warn of the risk of cancer. Therefore, alcohol beverage companies should continue to closely monitor congressional action for potential changes to the mandatory governmental warning.

Globally, the advisory notes that there are currently 47 countries that require alcohol warning labels related to health and safety. Of those, South Korea currently requires a cancer-specific warning, and Ireland will require the following cancer warning starting in 2026: “There is a direct link between alcohol and fatal cancers.”

Conclusion

While it would take an act of Congress to change the current mandatory Government Warning statement on alcohol beverage labels, the Surgeon General’s advisory is likely to increase scrutiny on the potential links between alcohol consumption and cancer risk. Additionally, this advisory may signal new regulatory requirements for alcohol beverage suppliers in the future. Companies and trade associations in the alcohol beverage industry should continue to engage with their legislators to present scientific data regarding the safety of moderate consumption of alcohol, and to influence the conversation on labelling and other regulatory requirements.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© ArentFox Schiff

Written by:

ArentFox Schiff
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

ArentFox Schiff on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide