Letter to Health and Human Services on Dietary Guidelines for Beverage Alcohol Consumption

[Erik Owens]

June 10, 2024
The Honorable Xavier Becerra
Secretary of Health and Human Services
U.S. Department of Health and Human Services
The Honorable Thomas J. Vilsack
Secretary of Agriculture
U.S. Department of Agriculture

Dear Secretary Becerra and Secretary Vilsack,
We are writing to address the important responsibility of the U.S. Departments of Health and
Human Services (HHS) and Agriculture (USDA) in developing the 2025-2030 Dietary
Guidelines for Americans (DGAs). As members of the beverage alcohol sector, representing
distillers, vintners, brewers, distributors, and retailers of beer, wine, and spirits, we want to
ensure that the next iteration of the U.S. DGAs is developed in a manner that is transparent,
fair, and free from bias, and solely based on the preponderance of scientific and medical
knowledge, as required by the law.1
The DGAs are a key resource for U.S. adults and healthcare professionals in making informed,
responsible decisions when it comes to alcohol. More than half of adults in the U.S. consume
alcohol, and the DGA guidance helps Americans understand whether and how alcohol can fit
into their dietary patterns. Since the first edition of the DGAs in 1980—and every iteration
since—the U.S. government has advised adults who choose to consume alcohol to do so in
moderation. The DGAs also include guidance for those who should not drink alcohol at all (such as those who are pregnant or under the legal drinking age). In April 2022, for the first time in the
history of the DGAs, it was announced that the alcohol research review would be conducted
“through efforts separate from the 2025 Dietary Guidelines Advisory Committee [DGAC].”2
Additionally, in what appears to be a wholly unprecedented move, it was announced that the
topic of adult alcohol use would be subject to two concurrent reviews. The first of these reviews,
which would be conducted by a panel convened by the National Academies of Sciences,
Engineering, and Medicine (NASEM), was Congressionally mandated and funded in the
Consolidated Appropriations Act, 2023; Sec. 772. There is a long history of NASEM panels
being asked to produce inputs for the DGAs (e.g., reports on Dietary Reference Intakes). The
second review would be overseen by the Substance Abuse and Mental Health Services
Administration (SAMHSA). More than a year after the announcement that alcohol would be
reviewed outside of the normal DGA process, it was learned that the second review would be led
by an existing interagency committee at SAMHSA – the Interagency Coordinating Committee
for the Prevention of Underage Drinking (ICCPUD), which was established by the Sober Truth
on Preventing Underage Drinking Act (STOP Act) with a mission to “provide resources and
information on underage drinking prevention, intervention, treatment, enforcement, and
research.”
While HHS and USDA have confirmed that alcohol recommendations will be included in the
2025-2030 DGAs, it is unclear what this multi-layered process for developing those
recommendations will entail.
We appreciate that some of this process has been conducted transparently and in alignment with
scientific best practices. For example, the NASEM work is being conducted by experts who were
publicly nominated and vetted, with a defined scope of research, and with ongoing opportunities
for public comment and stakeholder participation in meetings. The topics being reviewed by this
committee were defined in the 2023 Consolidated Appropriations Act – specifically, the eight
questions previously identified and refined based on public comment for the 2020-2025 DGAs.
In contrast, nothing was known about the SAMHSA work until late January 2024, when a
representative of SAMHSA provided a high-level overview of the ICCPUD study during a
NASEM committee meeting. This late January overview included a flowchart and timeline that
indicated the work would be conducted by a panel of non-federal experts and overseen by a
subcommittee of ICCPUD and that the findings of the work would be added to ICCPUD’s 2025
Annual Report to Congress, to be completed in 2026 – after the planned publication of the DGAs
in late 2025. It was also revealed that the ICCPUD group had begun meeting a year earlier, in
spring 2023, despite HHS and USDA officials and the DGA website stating that the work had
not yet begun. No details regarding who would be involved with the review or what the review
would entail were shared.
It was not until after a Congressional inquiry in April 2024 when further information was
disclosed about the SAMHSA work; this was posted on the ICCPUD website. The new ICCPUD
study webpage gave a partial glimpse at the plans to provide alcohol guidance for the 2025-2030 DGAs and ICCPUD’s plan to address adult alcohol intake on an ongoing basis, beyond the
development of the DGAs. The webpage also included a list of the federal agencies that will
participate in the Technical Review Subcommittee under ICCPUD.
Further, it was revealed that the Subcommittee would oversee a “Scientific Review Panel,”
comprised of six external scientists, that would be conducting original scientific research (which
is not typical protocol for the DGAs), in addition to reviewing existing science. Unlike the
NASEM Panel and DGAC, no information was provided regarding the selection of the Scientific
Review Panel and appointment of these individuals, nor was there a public nomination or
comment period. Minimal information was provided about their credentials and potential
conflicts of interest. One of the individuals, Dr. Naimi, led the alcohol review for the 2020-2025
DGAs and completed only one of the eight questions the DGAC was tasked with. Dr. Naimi
proposed changing existing DGA recommendations; however, this recommendation was not
based on the evidence review that had been completed, and, ultimately, HHS and USDA rejected
the recommendation because it failed to demonstrate a preponderance of evidence to substantiate
changes. Further, half of the appointees on ICCPUD’s Scientific Review Panel are based in
Canada, and two were part of the research team that proposed changing Canada’s Low-Risk
Drinking Guidelines. These recommendations were criticized as not being supported by the
consensus of scientific evidence, rather were based on a mere 16 studies largely authored by the
same individuals drafting the recommendations. The Canadian Health Ministry has not adopted
these recommendations.
We urge HHS and USDA to ensure an alcohol review process that includes stakeholder input
and public comment opportunities and that is transparent, deliberative, science-driven, and
results in guidance grounded in the preponderance of scientific and medical knowledge as
required by law. Without the discipline and rigor of a fair and transparent process that prioritizes
sound science over biased agendas, we are concerned that the ultimate guidance will fall short of
the preponderance of the scientific evidence standards long held by the DGAs. Americans
deserve guidance based on sound science, not ideology, that is developed and communicated in a
clear, meaningful way, to ensure Americans understand and implement it.
On behalf of U.S. producers, distributors, and retailers of beer, wine, and spirits, we thank you
both for your consideration and attention to this important matter.

Respectfully submitted,

Erik Owens
President
American Distilling Institute

John Bodnovich
Executive Director
American Beverage Licensees

Margie A.S. Lehrman
Chief Executive Officer
American Craft Spirits
Association

Amanda Nguyen
President & CEO
American Distilled Spirits Alliance

Brian Crawford
President & CEO
Beer Institute

Robert Pease
President & CEO
Brewers Association

Chris R. Swonger
President & CEO
Distilled Spirits Council
of the United States

Leslie G. Sarasin
President & CEO
FMI – The Food Industry
Association

Matthew Haller
President & CEO
International Franchise Association

Craig Purser
President & CEO
National Beer Wholesalers
Association

Michelle L. Korsmo
President & CEO
National Restaurant
Association

Matthew R. Shay
President & CEO
National Retail Federation

Jim Trezise
President
WineAmerica

Robert P. “Bobby” Koch
President & CEO
Wine Institute

Francis Creighton
President & CEO
Wine & Spirits Wholesalers of
America

Letter to Secretaries Becerra and Vilsack_6.10.24.pdf