Cite as: 514 U. S. 476 (1995)
Opinion of the Court
the package, and the manufacturer or bottler or importer of the product." 27 U. S. C. § 205(e)(2) (emphasis added).
The Act defines " 'malt beverage[s]' " in such a way as to include all beers and ales. § 211(a)(7).
Implementing regulations promulgated by BATF (under delegation of authority from the Secretary of the Treasury) prohibit the disclosure of alcohol content on beer labels. 27 CFR § 7.26(a) (1994).1 In addition to prohibiting numerical indications of alcohol content, the labeling regulations proscribe descriptive terms that suggest high content, such as "strong," "full strength," "extra strength," "high test," "high proof," "pre-war strength," and "full oldtime alcoholic strength." § 7.29(f). The prohibitions do not preclude labels from identifying a beer as "low alcohol," "reduced alcohol," "non-alcoholic," or "alcohol-free." Ibid.; see also §§ 7.26(b)-(d). By statute and by regulation, the labeling ban must give way if state law requires disclosure of alcohol content.
B
Both parties agree that the information on beer labels constitutes commercial speech. Though we once took the position that the First Amendment does not protect commercial speech, see Valentine v. Chrestensen, 316 U. S. 52 (1942), we repudiated that position in Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U. S. 748 (1976). There we noted that the free flow of commercial information is "indispensable to the proper allocation of resources in a free enterprise system" because it informs the numerous private decisions that drive the system. Id., at 765. Indeed, we observed that a "particular consumer's interest in the
1 BATF has suspended § 7.26 to comply with the District Court's order enjoining the enforcement of that provision. 58 Fed. Reg. 21228 (1993). Pending the final disposition of this case, interim regulations permit the disclosure of alcohol content on beer labels. 27 CFR § 7.71 (1994).
481
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