By: Louis J. Terminello, Esq. and Brad Berkman, Esq.
The debate rages on as to the health effects of the consumption of alcoholic beverages, particularly regarding caps for men on the amount of alcohol consumed daily.
The Department of Health and Human Services (HHS) recently released new Dietary Guidelines for Americans (2025-2030) where it advised that Americans should “consume less alcohol for better overall health, rather than the longstanding guidance of two drinks for men and one drink for women, daily. HHS further advised that “people who should completely avoid alcohol include pregnant women, people who are recovering from alcohol use disorder or are unable to control the amount they drink, and people taking medications or with medical conditions that can interact with alcohol. For those with a family history of alcoholism, be mindful of alcohol consumption and associated addictive behaviors.
The Centers for Disease Control and Prevention (CDC), on its website, still adheres to the older guidelines and advises that Americans should drink alcohol moderately. They further define “moderately” (contrary to HHS), as:
Moderate alcohol use is:
What provided impetus for this blog post was a January 16 article in the New York Times (NYT), which claimed government health officials within HHS seriously considered lowering the cap for men to one alcoholic beverage drink per day, on par with the recommended limit for women. The NYT reported that the recommendation was shelved for the more vaguely worded guidance of “consuming less alcohol for better overall health.” According to the NYT, the one drink per day recommendation, apparently explored in an internal HHS document, never saw the light of day. The NYT reports that two undisclosed insiders revealed the existence of the shelved document.
A leading industry association, The Distilled Spirits Council of the United States (DISCUS), on its website, references the older version of the Dietary Guidelines (2020-2025), and advises moderate drinking, stating the 2020-2025 dietary guidelines define moderation as drinking up to one drink per day for women and up to two drinks per day for men.
DISCUS further states that:
“As stated by the Dietary Guidelines, a “drink-equivalent” is defined as 1.5 fluid ounces of 80-proof distilled spirits (40 percent alcohol) such as rum, vodka, gin, or whiskey; 12 fluid ounces of regular beer (5 percent alcohol); or 5 fluid ounces of wine (12 percent alcohol). Each drink equivalent contains the same amount of alcohol, 0.6 fluid ounces of alcohol, and has the same effect on the body. That’s why, when it comes to drinking alcohol, there is no beverage of moderation, only the practice of moderation.”
The debate continues with no clear guidance at this juncture. Choose your poison and authority carefully. It seems to these writers that you can take your pick as to what moderation means in the context of your own drinking habits.
Until then, the best advice for marketers of beverage alcohol is to promote moderation and not drinking in excess. For consumers, instinctively, many of us know what’s good and what’s not for our own bodies and health. If you don’t, the best advice is to discuss your drinking habits at your next doctor’s visit. Transparency and truthfulness with your health care provider is a good way to approach this issue.
In fact, policymakers and marketers of beverage alcohol would be wise to adhere to the principles of transparency and truthfulness concerning consumption. These guiding ideas will help consumers make informed and better decisions, and well, truthfulness in business and life is just good practice.
