Non-Alcoholic Beer: Under 21 Buying Guide

Non-alcoholic beer has become increasingly popular in recent years, with people turning to it for the taste of beer without the intoxicating effects. Despite containing little to no alcohol, there are still laws in many places that restrict the purchase of non-alcoholic beer by minors. The laws vary depending on the country and state, and even between retailers. In the US, the federal law forbids the sale of any beverages containing alcohol to those under 21, but since non-alcoholic beer typically contains less than 0.5% ABV, individual states have created their own laws. While some states allow minors to purchase non-alcoholic beer, others do not, and some states have undefined laws, leaving it up to retailers to decide.

Non-alcoholic beer is not 100% alcohol-free

The laws surrounding the purchase of non-alcoholic beer by minors vary across different states in the US. While the legal drinking age is 21 in all states, some states allow minors to purchase non-alcoholic beer. For example, in Ohio, individuals over the age of 18 can legally purchase non-alcoholic beer. On the other hand, some states, such as Oregon, West Virginia, and Wyoming, prohibit the purchase of non-alcoholic beer by minors. In other states, the laws are less clear-cut, and it may depend on the policies of individual retailers.

The reason for the variation in laws regarding non-alcoholic beer is due to the Federal Alcohol Administration Act (FAA), which regulates all malt beverages, regardless of their alcohol content. However, the legal drinking age is set by each individual state, leading to discrepancies between the FAA and state laws. Additionally, some states have different definitions of what constitutes an alcoholic beverage, further complicating the matter.

It is worth noting that even if non-alcoholic beer is legally available to minors in certain states, it is generally not recommended for individuals with a history of alcohol abuse or those who are recovering alcoholics. This is because even the small amount of alcohol present in non-alcoholic beer can trigger cravings and potentially lead to a relapse.

While non-alcoholic beer may not be completely free of alcohol, it offers a safer alternative to alcoholic beverages for those who are looking to reduce their alcohol intake or cannot consume alcohol for health or personal reasons. It is always important to check the local laws and regulations before purchasing non-alcoholic beer, especially for minors, to ensure compliance with the relevant state laws and retailer policies.

The laws vary from state to state in the US

The laws regarding the purchase of non-alcoholic beer by minors vary from state to state in the US. While federal law prohibits the sale of alcoholic beverages to anyone under the age of 21, non-alcoholic beer is not specifically addressed in this legislation. This is because non-alcoholic beers typically have an alcohol content of less than 0.5% ABV, which is significantly lower than the typical 4-6% ABV found in traditional beers.

In some states, such as Ohio, minors over the age of 18 are permitted to purchase non-alcoholic beer. In other states, such as Oregon, West Virginia, and Wyoming, minors are not allowed to purchase non-alcoholic beer. There are also states where the laws are less clear-cut. For example, in Alabama, the sale of non-alcoholic beer to minors is not regulated in wet counties, but it is prohibited in dry counties. Additionally, some states may allow minors to consume non-alcoholic beer with parental permission or in the presence of a parent or guardian.

The variation in laws across states can be attributed to the fact that the legal drinking age of 21 is not a federal rule but is instead set by each individual state. While all states have unanimously set the legal drinking age to 21, they differ in their definitions of what constitutes an alcoholic beverage and their regulations on the purchase and consumption of non-alcoholic drinks by minors.

Retail stores and online retailers often require customers to be at least 21 years old when purchasing non-alcoholic beer to avoid legal loopholes and the potential risk of fines or loss of their alcohol license. Ultimately, it is essential to be aware of the specific laws and retailer policies in your state before attempting to purchase non-alcoholic beer as a minor.

Some states allow minors to buy non-alcoholic beers

The laws surrounding the purchase of non-alcoholic beer by minors vary across the United States. While federal law prohibits the sale of alcoholic beverages to anyone under the age of 21, non-alcoholic beer is not specifically addressed in this legislation.

Non-alcoholic beers are still regulated by the Federal Alcohol Administration Act, even though their alcoholic content is below the legal definition of an alcoholic beverage. This is because any malt beverage is regulated by the FAA, which does not indicate an ABV minimum.

However, the minimum drinking age is set by each state, and while every state has set this at 21, they have different definitions of what constitutes an alcoholic beverage. As a result, some states allow minors to purchase non-alcoholic beer. For example, Ohio permits the purchase of non-alcoholic beer by those over the age of 18.

In addition to state laws, retailer policies can also vary. Some stores may have stricter policies and choose not to sell non-alcoholic beers to individuals under 21 to avoid the risk of fines or losing their alcohol license.

Some states also allow minors to consume non-alcoholic beer under certain conditions, such as with parental permission or in the presence of a parent or guardian. For example, in Alabama, Louisiana, Mississippi, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, West Virginia, and Wyoming, minors are permitted to consume non-alcoholic beer with parental permission.

The Federal Alcohol Administration Act regulates non-alcoholic beers

The Federal Alcohol Administration Act (FAAA) regulates non-alcoholic beers, but the specifics are a little more complicated. While non-alcoholic beers contain less than 0.5% alcohol by volume (ABV), they are not considered "beer" under the Internal Revenue Code (IRC) and are therefore exempt from federal alcohol excise taxes. However, the FAAA governs what it calls "malt beverages," which are fermented beverages derived from malted barley and hops. Since non-alcoholic beers are produced like conventional beer and then de-alcoholized, they fall under the FAAA's labelling and advertising jurisdiction.

The FAAA does not indicate an ABV minimum, and any malt beverage is regulated by the Act. This means that non-alcoholic beers are subject to the same regulations as conventional beers, even though their alcohol content is below the threshold for what is considered an alcoholic beverage. This creates a situation where the laws around the purchase of non-alcoholic beers by minors can vary from state to state. While the legal drinking age is 21 across the United States, individual states have different definitions of what constitutes an alcoholic beverage.

In some states, such as Oregon, West Virginia, and Wyoming, minors are not allowed to purchase non-alcoholic beers. In other states, like Alabama, it is not regulated in wet counties but prohibited in dry counties. In Ohio, minors over the age of 18 can purchase non-alcoholic beers. This variation in state laws makes the overall answer to the question of whether minors can buy non-alcoholic beers quite complex. Retailers often require customers to be at least 21 to avoid falling victim to any legal loopholes.

Some retailers will not sell non-alcoholic beer to minors to avoid legal repercussions

The laws surrounding the purchase of non-alcoholic beverages for minors vary across the United States. While the National Minimum Drinking Age Act of 1984 prohibits the sale of beverages containing alcohol to those under 21, it does not explicitly mention non-alcoholic drinks. This has led to a legal grey area, with different states, counties, and even retailers interpreting and enforcing the law in their own ways.

Some retailers will not sell non-alcoholic beer to minors to avoid potential legal repercussions. This is due to the fact that non-alcoholic beers are still regulated by the Federal Alcohol Administration Act, which does not indicate a minimum alcohol by volume (ABV) limit. While non-alcoholic beers typically contain less than 0.5% ABV, they are still considered malt beverages, which fall under the jurisdiction of the FAA. As a result, retailers may choose to err on the side of caution and restrict the sale of these beverages to minors to avoid any potential fines, loss of licenses, or even imprisonment if found guilty of selling alcoholic drinks to underage persons.

This cautious approach is further supported by health researchers who argue for clear and consistent age restrictions on non-alcoholic beverages. They liken these drinks to candy cigarettes, suggesting that they could serve as a gateway to alcohol consumption for minors. While there is currently no evidence to support this claim, the example of the recent uptick in tobacco use among younger generations due to the marketing of vaping products is often cited as a potential outcome. By setting their own age restrictions, retailers can help prevent underage access to non-alcoholic beverages and reduce the risk of any negative public health consequences.

However, this approach does create inconsistencies in the availability of non-alcoholic drinks for minors across different states and even within the same state. For example, in California, some retailers will sell non-alcoholic beer to minors, while others will not. This can cause confusion for both consumers and retailers, as well as potentially limiting the accessibility of these beverages for those who may benefit from reduced alcohol consumption.

Ultimately, the decision to sell non-alcoholic beer to minors rests with individual retailers, who must weigh the potential legal and public health risks against the benefits of increased sales and accessibility. In the absence of clear and consistent federal or state regulations, retailers are left to navigate this complex issue on their own, which can lead to varying and sometimes contradictory policies across the country.

Frequently asked questions