U.S. Surgeon General Vivek Murthy recently recommended that alcoholic beverages carry warnings about the potential cancer risks associated with consumption. Issued in the final days of the Biden administration, the advisory underscores that while alcohol is widely consumed in the U.S., many people remain unaware of the links between alcohol and various types of cancer. The Surgeon General noted that alcohol consumption is one of the leading causes of preventable cancer, after tobacco and obesity.

This recommendation has sparked debate in the alcohol and hospitality industries about how to respond, and legal leaders are weighing in on the potential impact of such warning labels. Louis J. Terminello, Chair of Greenspoon Marder LLP’s Hospitality, Alcohol & Leisure Industry Group, told Law360 that alcohol companies would be wise to seek compromise rather than resist any potential warning statement. He pointed out that the alcohol industry would be “foolish” to follow in the footsteps of the tobacco industry, which fought for years to keep cancer warnings off cigarette packages. In Terminello’s view, resisting such labels is likely to be a losing battle in the long term, given the growing scientific evidence linking alcohol consumption to cancer coupled with younger consumers who are searching for perceived healthier and alternative drink options. “The industry should just compromise as best as it can and not reflexively deny alcohol’s potential negative impact as tobacco executives did in perfunctory fashion in 1994 before Congress when they claimed that nicotine was not addictive. Understand that it’s coming to try to minimize the impact,” Terminello advised.

Others argue that despite the growing recognition of the risks associated with alcohol consumption, alcohol does not carry the same level of risk as tobacco. The evidence is definitive between smoking and diseases like lung cancer, but not so for alcohol, some suggest. Additionally, the alcohol industry faces a different set of challenges than the tobacco industry. The consumption of alcohol has a much more complex and deeper role in social events and cultural traditions, a notion that Mr. Terminello does not deny.

The conversation about cancer warnings on alcohol beverages is likely to intensify, especially in states like California, which already impose regulations requiring warning consumers at the point of purchase about cancer risks related to alcohol consumption. However, alcohol companies would be best served by preparing for the possibility of a national mandate.

Ultimately, Mr. Terminello’s advice is clear: alcohol producers should focus on navigating these regulatory changes proactively, accepting that some type of cancer warning statement on labels is likely to be required at some point, and taking steps to minimize any negative impacts. By accepting the inevitability of such warnings, alcohol companies can stay ahead of the curve, ensure continued compliance with evolving public health standards, and avoid any damage to reputation and sales.

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