The advisory underscores alcohol as a major preventable cause of cancer in the United States, accounting for nearly 100,000 cases and 20,000 deaths annually, making it the third leading preventable cause of cancer. 

In a pivotal move for the alcohol industry, U.S. Surgeon General Dr. Vivek Murthy issued an advisory on January 3, 2025, urging that warnings as to the increased risk of cancer be included on alcoholic beverages. The advisory does not simply highlight scientific evidence linking alcohol consumption to certain types of cancer but calls for updated warning labels, revised consumption guidelines and increased public awareness. Although the advisory is not legally binding, its recommendations could indicate potential future regulatory changes. However, given the recent shift in administration, it remains uncertain which direction the new Department of Health and Human Services or next surgeon general will pursue. Regardless, companies in the alcohol industry are advised to stay vigilant and prepare for possible policy shifts.

Key Findings and Regulatory Implications

The advisory underscores alcohol as a major preventable cause of cancer in the United States, accounting for nearly 100,000 cases and 20,000 deaths annually, making it the third leading preventable cause of cancer. One of the advisory’s primary recommendations is the update of health warnings on alcoholic beverage labels to include cancer risks. The current regulation, in place since 1988, legally requires alcoholic beverages to have a health warning label stating: (1) women should avoid drinking during pregnancy due to the risk of birth defects; and (2) alcohol impairs driving and may cause health issues. See 27 U.S.C. § 215. While the advisory does not require immediate changes, Murthy's advisory report indicates the U.S. government could soon require a broader warning. This could lead to significant legal consequences for alcohol companies, including possible increases in tort-based lawsuits as plaintiffs’ firms may seek to take on “Big Alcohol,” much like they did with the tobacco industry.

Potential Regulatory Changes

Companies in the alcohol industry should be prepared for the following potential legal and regulatory shifts in response to the advisory’s recommendations:

Updated Health Warning Labels on Alcohol Products

• Revisions to the current surgeon general’s warning, which has been unchanged since 1988, to explicitly state the link between alcohol consumption and cancer.
• Updates for labels to be more prominent, larger in size or to include pictorial warnings, similar to those on tobacco packaging.

Stricter Advertising and Marketing Restrictions

• Potential for stricter scrutiny and limitations on health claims related to alcohol—such as those promoting “moderate drinking.”
• Potential updates to advertising guidelines to include disclosures about cancer risks, akin to the restrictions placed on tobacco advertising.

Revisions to Alcohol Consumption Guidelines

• Potential updates regarding guidelines for alcohol consumption. The current Dietary Guidelines for Americans (in place from 2020-2025) recommend up to one drink per day for women and two drinks per day for men. Future updates could lower these limits or advise complete abstinence for certain populations, potentially impacting consumer behavior and shaping public perception of alcohol consumption.
• These changes could influence sales trends and create legal exposure for companies that market alcohol as part of a healthy lifestyle (e.g., promoting health benefits from consumption of one glass of red wine per day).

Liability Risks and Litigation Exposure

• Potential for regulatory fines and lawsuits for noncompliance with any updated health warning label requirements.
• Potential for a rise in consumer lawsuits based on the advisory’s recommendations. 

Industry Preparedness: Steps to Take Now

To navigate the evolving regulatory landscape, alcohol manufacturers, distributors and retailers should be aware and plan for the need for proactive measures. Engaging legal counsel is crucial to monitor legislative developments and to stay ahead of both federal and state regulatory changes regarding alcohol labeling, marketing and health disclosures. Regulatory counsel may assist with complying with the requirements of any new regulations arising from the advisory. Litigation counsel, which may include experience in class actions, toxic torts and products liability, can assist with analyzing the potentially evolving legal landscape of the exposure of manufacturers, distributors, retailers and sellers to increased liability and assist such industry players as to mitigate such risks.

As the alcohol industry faces the potential for sweeping regulatory and/or consumer changes, preparedness will be key to minimizing legal exposure and ensuring compliance with evolving public health guidelines.

For More Information

If you have any questions about this Alert, please contact Christiane Schuman Campbell, Thomas J. Kowalski, Morgan L. Swing, Brandon A. Chan, Ph.D., Jessica Santacroce, any of the attorneys in our Fashion, Retail and Consumer Branded Products Industry Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.