Marc Sorini

Marc Sorini

McDermott Will & Emery

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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

Focus on Private Equity - April 2015

In This Issue: - The Use of Alternative Credit in Europe - Buying and Selling a Craft Brewery in the United States - Excerpt from The Use of Alternative Credit in Europe: As a result of the reduced...more

4/22/2015 - Breweries Equity Financing EU Private Equity Regulatory Standards

TTB Publishes Semi-Annual Regulatory Agenda with Plans and Goals for the Coming Year

Late last year, the Alcohol & Tobacco Tax & Trade Bureau (TTB) published its semi-annual regulatory agenda in the Federal Register. The agenda provides useful insights into TTB’s regulatory plans and goals for the coming...more

2/10/2015 - Advertising Exports Food Labeling Imports TTB Wine & Alcohol

Supreme Court to Decide Important Administrative Law Issue

On December 1, 2014, the United States Supreme Court will hear oral argument in a case that will have significant implications for federal regulatory agencies like the U.S. Food and Drug Administration (FDA) and the Alcohol...more

11/14/2014 - Administrative Procedure Act FDA Mortgage Bankers Association Rulemaking Process SCOTUS TTB

Supreme Court’s 2014-15 Term: Case Will Test an Important Limitation on the Ability to Challenge State Tax Laws

On December 8, 2014, the United States Supreme Court will hear oral argument in a case that could have significant implications for the ability to use the federal courts to challenge state attempts to tax remote sellers of...more

10/31/2014 - Direct Marketing Association Sales & Use Tax SCOTUS Tax Injunction Act Wine & Alcohol

Supreme Court’s 2014-15 Term: Antitrust Case May Impact the Activities of Alcohol Industry Public/Private Organizations

On October 14, 2014, the United States Supreme Court heard oral argument in a case that could have significant implications for hybrid public/private “regulatory” bodies. Many such bodies, like state and local wine...more

10/17/2014 - Antitrust Investigations FTC NC Board of Dental Examiners v FTC Public-Private Entities SCOTUS State Action Doctrine Wine & Alcohol

Local Wholesaler-Retailer Dispute Has Federal Implications

On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern...more

10/17/2014 - Anheuser-Busch Antitrust Litigation Distributors Interstate Commerce Retailers Robinson-Patman Act Sherman Act Wine & Alcohol

New TTB FAQs on Sugar Claims

On Tuesday, July 1, 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released new Frequently Asked Questions (FAQs) concerning sugar claims made on labels and in advertising. The FAQs articulate, for the first time,...more

7/3/2014 - Advertising Food Labeling Labeling TTB Wine & Alcohol

TTB Issues Ruling on Formulas for Beer

On June 5, 2014 the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Ruling 2014-4, exempting from TTB’s formula and pre-import approval (PIA) submission requirements beer made with dozens ingredients as well as...more

6/9/2014 - Breweries TTB Wine & Alcohol

Proposed FDA Labeling Revisions Would Impact Wines Below 7 Percent ABV and Certain Non-Malt Beers

On March 3, 2014, the Food & Drug Administration (FDA) published a Notice of Proposed Rulemaking (NPRM) that, if and when finalized, would make important changes to the labeling of all foods subject to FDA’s primary labeling...more

3/18/2014 - FDA Labeling Wine & Alcohol

Supreme Court of Ohio Clarifies Beer and Wine Franchise Law

Last month the Supreme Court of Ohio helped clarify an oft-litigated feature of the state’s beer and wine “franchise” law. Like most such enactments, Ohio’s franchise law (the “Ohio Alcoholic Beverages Franchise Act”)...more

11/8/2013 - Breweries Franchises Wine & Alcohol

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