U.S. Surgeon General Calls for Enhanced Warnings on Alcoholic Beverages, Linking Alcohol Consumption With Cancer

The U.S. Dietary Guidelines for Americans (the Guidelines) have long stated that moderate alcohol consumption does not present a significant health risk. And some studies have suggested that moderate alcohol consumption could have some beneficial impact in reducing the risk of cardiovascular disease. The Guidelines are due to be updated, and there is an ongoing debate in the public health community regarding these recommendations. As part of this debate, on January 3, 2025, the outgoing Surgeon General, Dr. Vivek Murthy, issued an advisory titled “Alcohol and Cancer Risk” calling for updated warning labels on alcohol-containing beverage products to warn the public of the increased risk of cancer from alcohol consumption.

As noted in the Surgeon General’s advisory, every alcoholic beverage currently sold in the United States must display the following health warning:

The Surgeon General recommends in his advisory that this language be updated to include a cancer warning given the “body of scientific evidence demonstrat[ing] a causal relationship between alcohol use and increased risk for at least seven different types of cancer, including breast (in women), colorectum, esophagus, liver, mouth (oral cavity), throat (pharynx), and voice box (larynx).”

Congress is the only entity that can mandate a change to the current alcohol label requirements, and it is unclear whether the 119th Congress will consider this issue. Regardless of what further governmental action takes place, the Surgeon General’s comments and call for more fulsome warnings could have significant legal consequences for alcoholic beverage manufacturers. Indeed, national plaintiffs’ law firms are already advertising and seeking to recruit plaintiffs for tort-based lawsuits.

Given the stakes, beverage manufacturers should consider the impact of the Surgeon General’s call for cancer-risk warnings on alcoholic beverages carefully. Manufacturers should engage counsel and other advisors to formulate a structured approach that accounts for legislative, regulatory, and litigation factors. By acting decisively and responsibly, manufacturers can minimize risk, protect their brands, and ensure that they comply with all regulatory and legal obligations.

While successful risk mitigation programs are often entity specific, there are proactive steps that all manufacturers and their counsel can consider in the short term. For example, companies can work with external counsel to conduct internal risk assessments to analyze which of their products are most likely to be targets for litigation. This includes assessing both traditional product liability risks as well as the risk of class action lawsuits that allege economic injuries rather than physical injuries. Additionally, manufacturers should work with counsel to evaluate the strength of the science underlying the alleged harm, develop an understanding of the key internal personnel who will be integral to the company’s defense, and assess the company documents that could be used by both parties in potential litigation. Counsel also can help evaluate whether and how companies might communicate with consumers or third parties about the Surgeon General’s recent statement and the issues it involves. Moreover, in the age of advanced electronic discovery, knowing which documents plaintiffs’ counsel may select to support their adversarial litigation narrative can help companies plan a successful defense strategy.

Arnold & Porter’s attorneys specialize in areas such as product liability, consumer products, and food and beverage law, and can assist companies with navigating the complexities associated with the Surgeon General’s Advisory. Arnold & Porter’s litigators work seamlessly with the firm’s legislative and regulatory teams to help clients take proactive measures to minimize litigation risks.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.