Marc Sorini

Marc Sorini

McDermott Will & Emery

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Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages

Last week, the Texas Alcoholic Beverage Commission (“TABC”) circulated a draft amendment of Texas’ name and address labeling regulation for “malt beverages” (beer). ...more

3/8/2017 - Foreign Manufacturers Labeling Proposed Regulation Wine & Alcohol

President Trump Issues Executive Order Aimed at Reducing Regulation and Controlling Regulatory Costs

On January 30, 2017, President Trump issued Executive Order No. 13771, entitled “Reducing Regulation and Controlling Regulatory Costs.” A link to Executive Oder 13771 appears here. The Order provides...more

2/14/2017 - Administrative Procedure Act Due Process Executive Orders New Regulations Regulatory Agencies Regulatory Oversight Regulatory Reform Trump Administration Two For One Rule

The TTB Proposes New Definition of Hard Cider

On January 23, 2017 the Alcohol & Tobacco Tax & Trade Bureau (TTB) published a Temporary Rule and a Notice of Proposed Rulemaking (NPRM) related to the new definition of hard cider. Congressional action required a new...more

2/10/2017 - NPRM Protecting Americans from Tax Hikes (PATH) Act TTB Wine & Alcohol

The Trump Administration’s View on Marijuana: Reading the (Tea) Leaves

The incoming Trump Administration may usher in a more hostile climate to state efforts to legalize the sale and distribution of marijuana and products that contain the drug. The Obama Administration opposed the federal...more

1/19/2017 - Decriminalization of Marijuana Marijuana Marijuana Related Businesses Medical Marijuana Trump Administration

TTB Publishes a Federal Register Notice Adjusting the Civil Monetary Penalty under ABLA

On January 10, 2017, TTB published a Federal Register notice adjusting the civil monetary penalty imposed for violations of the Alcohol Beverage Labeling Act of 1988 (the ABLA). The ABLA requires the labels of alcohol...more

1/17/2017 - aBLA Civil Monetary Penalty Federal Register Labeling TTB Wine & Alcohol

TTB Modified Tax Filing Timeframe for Some Taxpayers

On January 4, 2017 TTB published in the Federal Register a temporary rule, T.D. TTB–146, modifying the tax filing timeframe for taxpayers who fall below a certain monetary threshold and removing the bond requirements for...more

1/12/2017 - Protecting Americans from Tax Hikes (PATH) Act TTB Wine & Alcohol

TTB Changes Under the Fall Edition of the Unified Agenda

On December 23rd, 2016 the federal government published its Fall edition of the “Unified Agenda” – a bi-annual compilation of all ongoing federal rulemaking projects. Attached is a copy of the TTB detail from this latest...more

1/10/2017 - Internal Revenue Code (IRC) NPRM Protecting Americans from Tax Hikes (PATH) Act TTB Wine & Alcohol

TTB Publishes Final Rule to Streamline Importation and Exportation Procedures

On December 22, 2016, TTB published a Final Rule implementing the streamlined importation and exportation procedures established by the International Trade Data System (ITDS). See 91 Fed. Reg. 94186 (Dec. 22, 1016). ITDS is...more

1/3/2017 - Customs and Border Protection Exports Final Rules Imports TTB Wine & Alcohol

Texas Court of Appeals Hands Down Instructive Administrative Law Opinion

A recent Texas Court of Appeals decision, EATX Coffee, LLC v. Texas Alcoholic Beverage Commission, provides an important reminder of how principles of administrative law may check the current trend towards “regulation by...more

12/29/2016 - Licenses Liquor Liquor Control Acts Manufacturers Retailers Wine & Alcohol

US Supreme Court Asked to Clarify the Interaction Between the 21st Amendment and the Commerce Clause

The Texas Package Stores Association has asked the US Supreme Court (via a “Petition of Certiorari”) to hear a case that could clarify the interaction between the 21st Amendment and the non-discrimination between states...more

10/14/2016 - Appeals Commerce Clause Split of Authority Twenty-First Amendment Wine & Alcohol

Summary Judgment Granted in Tito’s “Handmade” Vodka Case

On September 27, 2016, the Northern District of Florida issued a decision in Pye v. Fifth Generation, Inc., N.D. Fla. No. 4:14cv493-RH/CAS, one of many false advertising class actions brought against the makers of Tito’s...more

10/12/2016 - Class Action False Advertising Summary Judgment Wine & Alcohol

Two New TTB Rulings Issued on General Use Formulas

On September 29, the Alcohol & Tobacco Tax & Trade Bureau (TTB) issued two new Rulings announcing the creation “general use formulas” for certain distilled spirits and agricultural wines. These general use formulas permit the...more

10/11/2016 - Imports TTB Wine & Alcohol

New TTB Final Rule Released on Denatured Alcohol

The new TTB Final Rule that was released in the Federal Register on August 20, 2016 will partially streamline the use of non-beverage alcohol products in the US. While statutory requirements do not permit TTB to completely...more

9/12/2016 - Final Rules TTB Wine & Alcohol

DEA Declines to Change Stance on Marijuana but Opens Door to Federally Sanctioned Marijuana Research

On August 11, 2016, the Drug Enforcement Administration (DEA) formally declined to change its position on the medical or recreational use of marijuana, denying two petitions urging the federal government to change marijuana’s...more

8/13/2016 - Controlled Substances Act DEA Drug & Alcohol Abuse FDA HHS Marijuana Marijuana Cultivation Medical Marijuana Medical Research

Sixth Circuit Tri County Decision Provides Much-Needed Clarity on “Successor” Provision in Ohio Franchise Law

I attach a copy of the US Court of Appeals for the Sixth Circuit’s recent decision in Tri County Wholesale Distributors v. Labatt USA Operating Company, Nos. 15-3710/3769 (6th Cir., July 6, 2016). For students of the...more

7/12/2016 - Anti-Competitive Appeals Breweries Change in Control Distributors Fair Market Value Franchises Successors Suppliers Wineries

FDA to Issue Revised Guidance on Nutrition and Supplement Facts and Serving Size Regulations

This Friday, May 27, 2016, the US Food and Drug Administration (FDA) will publish its revised Nutrition and Supplement Facts and Serving Size regulations. The Serving Size regulation in public inspection view is close to 180...more

5/24/2016 - Beverage Manufacturers FDA Food Labeling Guidance Update Nutrition Facts Labels

Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343. It provides further guidance, at least within the Fifth Circuit, on the...more

5/5/2016 - Alcohol Beverage Control Appeals Commerce Clause Discrimination Dormant Commerce Clause Interstate Commerce Residency Requirements Standing Twenty-First Amendment Wholesale Wine & Alcohol

Red Stripe Prevails in Alcohol Beverage Labeling Class Action

The latest merits decision in the ongoing false advertising/labeling class actions appears below. This case involves allegations that the labeling and marketing of Red Stripe Beer misleads consumers into thinking they are...more

4/19/2016 - Class Action False Advertising Food Labeling

Ruling Could Put Deceptive Labeling Cases on Hold

The U.S. Court of Appeals for the Ninth Circuit today placed on hold a consumer class action involving yogurt labels until the FDA issues final guidance on use of the terms at issue in the dispute—a decision that could ripple...more

3/26/2016 - Chobani Inc Class Action False Advertising FDA Food Labeling Marketing Mootness Unfair or Deceptive Trade Practices Wine & Alcohol

FDA Delays Enforcement of Restaurant Menu Labeling Rule

This week, the Food and Drug Administration’s (FDA) Director of the Center for Food Safety and Applied Nutrition (CFSAN) formally announced that the agency will delay enforcement of its final rule entitled “Food Labeling;...more

3/16/2016 - Delays FDA Food Labeling Food Safety Restaurant Industry

Ohio Court of Appeals Upholds a Successor Manufacturer’s Termination of a Distribution Franchise

The “successorship” provision of Ohio’s franchise law for alcohol beverages has spawned much litigation over the past two decades. Premium Beverage Supply, Ltd. v. TBK Production Works, Inc. represents the latest chapter of...more

3/4/2016 - Appeals Franchise Agreements Manufacturers Remedies Reversal Sales & Distribution Agreements Successors Takings Termination Rights Wine & Alcohol

TTB Issues Ruling on Category Management under Federal Tied-House Statute

On February 12, 2016, the Alcohol & Tobacco Tax & Trade Bureau (TTB) released TTB Ruling 2016-1 (Ruling), addressing category management practices. The Ruling seeks to clarify TTB’s position toward category management under...more

2/15/2016 - Inducement Retailers Suppliers TTB Wholesale Wine & Alcohol

TTB Publishes Projected Regulatory Agenda as Part of Government’s Unified Agenda

As it does twice per year, the Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published its projected Regulatory Agenda as part of the federal government’s “Unified Agenda.” Links to the U.S. Department of...more

1/4/2016 - Product Labels Regulatory Agenda Rulemaking Process Self-Certification TTB U.S. Treasury Wine & Alcohol

TTB Publishes List of Exempt Ingredients

On December 17, 2015, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published Ruling 2015-1. It re-states and supersedes Ruling 2014-4, notably by adding more than 50 new ingredients that a brewer can use in beer without...more

12/21/2015 - Beer Breweries Exemptions Importers TTB

FDA Announces New Menu Labeling Compliance Date

In a Federal Register Final Rule to be published tomorrow (July 10, 2015), the U.S. Food and Drug Administration (FDA) will announce that it has extended by one year (to December 1, 2016) the date by which covered restaurants...more

7/10/2015 - FDA Federal Register Menu Rule Nutrition Facts Labels Restaurant Industry

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