Brewing Green Beer: Building a Regulatory Scheme Robust to Changes in Brewing Technologies

New beer brewing technologies provide brewers with options to produce beer in more eco-friendly, less resource-intensive ways; however, as brewers adopt these technologies, they may find themselves straddling between the regulatory schemes of the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and the Food and Drug Administration (“FDA”). The two agencies have divided control over beers based on their ingredients, which places some beers under the TTB’s purview as “malted beverages” and others under the FDA’s purview. These distinctions have implications for the regulatory hurdles that brewers must overcome to market their products. Additional regulations that eco-friendly, green beers may face could provide higher hurdles than standard beers face, putting them at a competitive disadvantage. This Comment explores the relationships between beer brewing and the environment, new technologies that ease the environmental burden of beer brewing, and the regulatory boundaries affected by adopting these new technologies. By expanding its definition of “malted beverages,” the TTB can encourage the adoption of new eco-friendly technologies, avoid a regulatory quandary, and promote a healthy beer brewing industry