Wednesday, December 23, 2020

Eggnog Legalese: What are You Drinking?

Originally published by Sabrina Davis.

Image by Jill Wellington from Pixabay

Image by Jill Wellington from Pixabay

Tomorrow, December 24, is National Eggnog Day. While the origins of both the drink and its name are unclear, eggnog enjoys some popularity in the United States during the fall and winter seasons—although, some love it and some love to hate it.

In the United States, the Food and Drug Administration (FDA) has issued a regulation and guidance on the composition of eggnog. For instance, 21 C.F.R. §131.170 stipulates that eggnog contains specified: (1) dairy ingredients, (2) egg yolk-containing ingredients, and (3) nutritive carbohydrate sweeteners. The guidance further states that: “Eggnog is a milk product consisting of a mixture of milk or milk products of at least 6.0 percent butterfat, at least 1.0 percent egg yolk solids, sweetener, and flavoring. Emulsifier and not over 0.5 percent stabilizer may be added.” It also differentiates “eggnog” from “eggnog flavored milk,” which has lower allowances for butterfat and the other ingredients.

Interestingly, 21 C.F.R. §131.170(e)(4) only allows for “[c]olor additives that do not impart a color simulating that of egg yolk, milkfat, or butterfat.” In addition, the FDA guidance indicates that adulterated foods are not in compliance with the Federal Food, Drug, and Cosmetic Act and plainly states that: “The addition of yellow color may serve to adulterate the products under 403(b) of the Act since the use of such color would make the article appear to contain more egg yolk than it actually contains.” [For a lively take on the blatant occurrence of this “adulteration,” see Patrick Di Justo’s article here.]

In related news, Texas and some other states prohibit the sale of alcohol on Christmas day, so if you like some spike in your eggnog, plan ahead accordingly.

Further Reading

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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