In the fast-growing nonalcoholic beer business, “zero” does not always mean zero. The Wall Street Journal reported this week that many drinks sold as “nonalcoholic,” “alcohol-free” or “zero-proof” still carry trace amounts of alcohol, and the industry’s own trade group is now telling brands to stop calling those products alcohol-free.

Why a Beer Can Say “Nonalcoholic” and Still Have Alcohol In It
The gap comes down to federal law, not brewing tricks. Under the Internal Revenue Code, “beer” legally means a fermented malt beverage at 0.5% ABV or more. Anything below that line is not classified as beer by the Alcohol and Tobacco Tax and Trade Bureau (TTB), which means it skips the federal alcohol excise tax, the mandatory government health warning, and in most states the state beer tax too.
TTB labeling rules treat the two most common claims very differently. “Nonalcoholic” can appear on a malt beverage as long as the phrase “contains less than 0.5 percent alcohol by volume” sits immediately next to it. “Alcohol-free,” by contrast, is only supposed to mean 0.0%. In practice, a lot of products marketed with the more casual “zero” branding are legally nonalcoholic, not alcohol-free, and the difference rarely makes it onto the label in plain English.
“We recommend nonalcoholic because we do not want anyone confused.”, Marcos Salazar, CEO, Adult Non-Alcoholic Beverage Association
The Industry Is Already Policing Itself
The Adult Non-Alcoholic Beverage Association, whose members include Athletic Brewing, Diageo North America and Ritual Zero Proof, is advising member brands to drop “zero” and “alcohol-free” claims on any product that contains trace alcohol. The pressure is not hypothetical. In 2021, a federal lawsuit in Louisiana alleged that Heineken USA misled buyers by marketing Heineken 0.0 as alcohol-free when it actually contained up to 0.03% ABV. The case settled in 2022, with Heineken USA saying the formulation had been reviewed by the TTB and classified as alcohol-free under federal rules, even though it was not literally 0.0%.

Not every brand plays the same game. Athletic Brewing, one of the category’s biggest names, brews its core lineup to a genuine 0.0% ABV rather than the more common sub-0.5% threshold, which is one reason it has become a reference point for brands trying to signal a cleaner claim.
This Matters Because the Category Is Getting Bigger, Fast
Nonalcoholic beer is not a niche experiment anymore. U.S. sales hit nearly $583.4 million for the 52 weeks ending December 28, 2025, according to Circana data reported by Beverage Industry, a 22.1% jump in dollar sales and a 23.9% jump in case sales in a single year. Analysts still expect double-digit growth through 2026, driven by younger drinkers moderating and legacy beer brands rushing into the space. The bigger the category gets, the more a fuzzy label matters to the person standing in the aisle trying to actually avoid alcohol, whether for health, pregnancy, recovery or just a Tuesday night.
What to Actually Check on the Label
Until labeling catches up with consumer expectations, the label itself is still the most reliable source. Look for the words “contains less than 0.5% alcohol by volume” next to “nonalcoholic,” which confirms it is not a true zero. If a can or bottle says “alcohol-free” with no percentage listed at all, that is supposed to mean 0.0%, but as the Heineken case showed, it is worth checking the brand’s own site or contacting them directly if it matters to you.
- Your Nonalcoholic Beer May Actually Have Some Alcohol in It, The Wall Street Journal — Link
- Malt Beverage Labeling: Alcohol Content, TTB (Alcohol and Tobacco Tax and Trade Bureau) — Link
- 2026 Beer Market Report: Moderation trends keep non-alcohol growing, Beverage Industry — Link
- The nonalcoholic beer labeling loophole, explained, Business Model Analyst — Link
