Generally, non-alcoholic beverages are in Class 32, except for milk-, coffee-, tea-, cocoa- or chocolate-based drinks which are in either Cl. 29 or Cl. 30 depending on the predominant ingredient.
The only alcoholic beverage in Class 32 is beer. Beers have been in this class since the first edition of the Nice Classification. Subsequent proposals aimed at transferring beers from Class 32 to Cl. 33 have always been rejected by the Committee of Experts of the Nice Union. At the time the Classification was established, beers were included in Class 32 because they were often commercialized by the same companies that produced and/or sold soft drinks. They were also considered to be an alternative to soft drinks. Generally, beer has lower alcohol content than most beverages in Cl. 33 but it must be remembered that the classification of beer in Class 32 was not decided on the basis of its low alcohol content but rather taking into account channels of commerce. Therefore, with the exception of beers, all alcoholic beverages, even those with a low alcohol content, must be classified in Cl. 33.
Mineral and aerated waters also belong to Class 32 as non-alcoholic beverages, while mineral waters for medical purposes are in Cl. 5. Dietetic beverages adapted for medical purposes are also in Cl. 5; however, it is worth noting that energy drinks, isotonic beverages and protein-enriched sports beverages are in Class 32 as they are not considered to be for medical purposes.
Fruit beverages and fruit juices are in Class 32 as beverages for human consumption but goods like lemon juice and tomato juice can be in Cl. 29 when used for culinary purposes. Similarly, rice-based and soya-based beverages, other than milk substitutes are in Class 32 but milk substitutes and beverages based thereon are in Cl. 29.
As well as including non-alcoholic beverages, Class 32 is also the class for syrups and other preparations for making non-alcoholic beverages, including non-alcoholic essences for making beverages and non-alcoholic fruit extracts; alcoholic essences and alcoholic fruit extracts are in Cl. 33 along with other alcoholic preparations for making beverages.