If a frozen dessert product containing distilled spirits, such as an ice cream or ice pop, is determined to be fit for beverage purposes, then it would be treated as an alcohol beverage under the TTB regulations. If it is determined to be unfit for beverage purposes, then it would not be treated as an alcohol beverage.
We consider a range of criteria related to the product, which may affect its potential fitness or unfitness for beverage purposes.
In general, evaluation criteria include:
Alcohol content of the product.
Purpose served by the alcoholic ingredients in the product.
Whether other features of the product’s composition constrain its consumption as a beverage.
Other relevant factors.
For additional information visit FAQ S15 on the Distilled Spirits FAQs page.