Underage Alcohol-Free Beer Purchases: What's The Law?

Alcohol-free beer is a confusing topic for many. On the one hand, it's alcohol-free, so why shouldn't under-18s be able to buy it? On the other hand, it's often sold and packaged in the same way as alcoholic drinks, and some alcohol-free beers do contain trace amounts of alcohol. This has led to a situation where the laws and rules around alcohol-free beer vary from country to country and even from state to state.

Can under 18s buy alcohol-free beer in shops?

Alcohol-free beer may still contain trace amounts of alcohol

Alcohol-free beer is not always completely alcohol-free. In the United States, brewers can label beer as "non-alcoholic" even if it has small amounts of alcohol. The threshold for non-alcoholic beer is 0.5% ABV. This is similar to the ABV you would find in some fruit juices, breads, and ripe bananas. While this is not enough to cause intoxication, it is also not accurate to say that non-alcoholic beer is entirely free of alcohol.

The alcohol content of non-alcoholic beer can vary. For example, O'Doul's has up to 0.4% ABV per serving, while Athletic Brewing Co. labels most of its cans as "less than 0.5% ABV". Even big brands like Heineken 0.0, Budweiser Zero, and Guinness 0.0, which market their beer as alcohol-free, may contain trace amounts of alcohol.

The brewing process for most non-alcoholic beer is similar to that of regular beer, using the same basic ingredients and fermentation processes. However, the exact type of fermentation to remove alcohol at the end differs by brewer. Controlled fermentation methods are the most popular, which means cutting off fermentation at a certain point to control for a lower ABV. As a result, trace amounts of alcohol may remain in the final product.

Other brewers use dealcoholization methods to remove alcohol from the brew. This can be done by heating the alcohol to its boiling point, adding water to dilute the finished product, or using vacuum distillation. These processes are similar to those used for dealcoholized wine.

The presence of trace amounts of alcohol in non-alcoholic beer has legal implications. While non-alcoholic beer is generally considered safe for pregnant women, there is no official "safe" level of alcohol for pregnant women. Most official health groups advise pregnant women to avoid consuming any beverages containing alcohol.

Additionally, the sale of non-alcoholic beer to minors is regulated differently across various jurisdictions. In the United States, the laws vary from state to state. Some states allow minors to purchase non-alcoholic beer, while others do not. In the United Kingdom, the Licensing Act 2003 considers beverages with an alcohol content of 0.5% ABV or lower as non-alcoholic, and there is no age restriction on their purchase. However, shops can refuse to sell these products to minors as a matter of policy to avoid the accidental sale of alcohol to underage individuals.

In the US, the laws surrounding the purchase of non-alcoholic beer by under-18s vary from state to state

However, despite the negligible alcohol content, non-alcoholic beers are still regulated by the Federal Alcohol Administration Act. This is due to a legal anomaly where any malt beverage is regulated by the FAA, regardless of its ABV. As a result, the laws surrounding the purchase of non-alcoholic beer by minors differ across states.

In some states, such as Oregon, West Virginia, and Wyoming, individuals under 21 are prohibited from purchasing non-alcoholic beer. In other states, the laws are less restrictive, and minors may be allowed to buy non-alcoholic beer with parental permission or supervision. For example, in Ohio, individuals over the age of 18 can purchase non-alcoholic beer.

Additionally, retailers and restaurants may have their own policies regarding the sale of non-alcoholic beer to minors, even in states where it is not legally prohibited. This is often done to avoid promoting alcohol to children and to make it easier to enforce rules regarding alcoholic drinks. For instance, some retailers may choose to restrict the sale of non-alcoholic beer to those under 21 to avoid accidentally selling alcoholic beverages to minors.

The varying laws and retailer policies across the US make it essential for individuals to be aware of their local regulations before attempting to purchase non-alcoholic beer if they are under the age of 21.

In the UK, alcohol-free beer is treated the same as alcoholic beer in shops and pubs

In Shops

According to the UK's Licensing Act 2003, any drink that contains less than 0.5% alcohol by volume (ABV) is not considered an alcoholic beverage. However, the sale of non-alcoholic beer to minors under 18 in shops such as supermarkets or drinks retailers is prohibited. This is because these shops are considered off-licensed premises, where the sale of alcohol to those under 18 is prohibited by law.

Non-alcoholic beers are often age-restricted in these settings because they carry similar branding to their alcoholic counterparts, which could be seen as promoting drinking to minors. Additionally, under current legislation, non-alcoholic beer can contain up to 0.5% ABV, which is a trace amount of alcohol naturally found in many foods and drinks.

In Pubs and Restaurants

On the other hand, in restaurants and pubs, the relevant 'underage laws' do not apply, and these establishments can serve non-alcoholic beers to minors under 18. This is because these venues are not considered off-licensed premises. However, many restaurants and pubs still operate the Challenge 25 scheme for practical reasons, as it can be confusing for staff to constantly check the alcohol volume of drinks they are serving.

In Conclusion

So, while the UK's alcohol-free beer laws for minors vary between shops and pubs/restaurants, it's important to note that alcohol-free drinks are not completely alcohol-free and can contain up to 0.5% ABV. As such, they are not suitable for those who want to avoid alcohol entirely or for children.

Alcohol-free beer is often restricted to avoid promoting alcohol to children

Some retailers have publicly available policies about the promotion and sale of non-alcoholic drinks to minors. For example, AB-Inbev's Responsible Marketing and Communications Code covers alcohol-free and non-alcoholic products. The Portman Group's voluntary Code of Practice on the Responsible Naming, Packaging and Promotion of Alcoholic Drinks also covers non-alcoholic products.

Retailers such as Tesco, Waitrose, and Co-op have also stated that they restrict the sale of alcohol-free drinks to avoid promoting alcohol to under-18s. Tesco has said that it would be wrong to sell such products to under 18s as they are meant as a substitute for alcohol. Waitrose has said that it does not want to promote alcohol-like products to underage customers. Co-op has said that it does not want to give the impression that under-18s are permitted to purchase products that contain alcohol.

In addition to avoiding promoting alcohol to children, restricting the sale of alcohol-free beer can also make it easier for retailers to enforce rules regarding alcoholic drinks. This is especially relevant in pubs and bars, where owners are responsible for what people drink on the premises. It can be difficult for staff to distinguish between customers who are drinking alcohol and those drinking non-alcoholic products. By treating alcohol-free beer the same as alcoholic drinks, retailers can more easily monitor what customers are drinking.

Alcohol-free beer is often restricted to make it easier to enforce rules regarding alcoholic drinks

Firstly, it can be challenging for staff to distinguish between customers who are drinking alcohol and those consuming non-alcoholic products, especially in pubs and bars where the owner is responsible for what people drink on the premises. Treating alcohol-free drinks the same as alcoholic drinks simplifies enforcement and reduces the risk of accidentally selling alcohol to minors.

Secondly, the packaging and appearance of alcohol-free beer are often indistinguishable from alcoholic beer. Restricting their sale to minors helps to avoid indirectly promoting similar products that do contain alcohol. This is in line with the policies of alcohol organizations such as AB-Inbev and the Portman Group, which aim to prevent their products from appealing to those under the legal drinking age.

Additionally, some retailers may have blanket restrictions on certain categories of items, which can result in alcohol-free beer being grouped with alcoholic drinks due to their similar packaging and target audience. This further contributes to the enforcement challenges and makes it easier for retailers to comply with laws and regulations regarding the sale of alcoholic beverages.

While the restrictions on alcohol-free beer may be inconvenient for some, they are ultimately aimed at protecting minors and ensuring compliance with alcohol-related laws and regulations.

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