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The Glass Packaging Institute called the change “a significant step forward for consumer choice, industry innovation, and fair competition in the beverage alcohol marketplace.”
The bureau said in its own announcement that the regulatory amendments “provide more flexibility to industry members and provide consumers more purchasing options.”
Regulators’ distinction between cans and other container types dates back to the early 1990s; at the time, the Bureau of Alcohol, Tobacco, and Firearms was in charge of these rules. They thought approving both 355 and 375 milliliter containers for distilled spirits would confuse consumers because of their similar size. But 355 mL was one of the most common can sizes. Regulators proposed mutually exclusive categories for distilled spirits packaging, with separate authorized standards of fill.
This week’s changes to that protocol were years in the making, explained GPI President Scott DeFife. It’s been on the trade association’s wish list for several years, though it was usurped by other priorities during the pandemic period.
GPI was among those that submitted comments to the bureau on the issue in 2022 following a proposal from TTB .
“After reviewing the comments, TTB has determined that there is no basis for maintaining the distinction between cans and other containers for distilled spirits for purposes of consumer protection,” the final rule states. “As some commenters note, consumers are already familiar with comparing net contents labels on other foods and beverages to determine if one package contains more product than another, regardless of the shape or material of the packaging.”
TTB explained in the rule that while some commenters wanted regulators to do away with the system of standards of fill for wine and distilled spirits entirely, TTB decided a more apt solution was broadening the scope by allowing all sizes that commenters had requested.
DeFife said that GPI and its members will engage in marketing pushes in the coming months.
“It's a new market for 12-ounce bottles that didn't exist, and we're hopeful that it will help preserve some of the domestic glass plants,” DeFife said. “There's been some flagging sales of of beer over the course of the past, really, decade ... and so the the beverage alcohol alternatives to beer that have been taking its place at the 12-ounce product category — this is an opportunity to reinvigorate domestic glass sales.” In 2024, for example, Ardagh Glass closed a Houston production facility with hundreds of workers, citing beer market conditions.
Ready-to-drink cocktails represent a key opportunity. DeFife touted how glass packaging could stand out in a sea full of cans. “I think there's going to be some potential for differentiation of product that's on the shelf today,” he said.
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