News & Analysis as of

Breweries

Drawing (Or, More Accurately, Pouring) a Blank?

by Bowditch & Dewey on

In a guidance issued on May 24, 2017, the Massachusetts Alcoholic Beverages Control Commission announced a loosening of the Commonwealth’s stringent growler-filling requirements...more

The Brewer’s Voluntary Disclosure Initiative: A Recipe for Costlier Craft Beer?

by Bowditch & Dewey on

The Beer Institute, a trade association based in Washington, D.C. that represents brewers both big and small, as well as importers and suppliers to the beer industry, has recently published what it calls “The Brewer’s...more

Hops on the 'Bus: ABC Omnibus Legislation (HB 500)

by Ward and Smith, P.A. on

House Bill 500 ("HB500"), pending in the North Carolina General Assembly, is a new bill of particular interest to the booming brewing industry in North Carolina. Scheduled for its first vote in the Committee on Alcoholic...more

Client Alert: Changes Brewing? How North Carolina's ABC Omnibus Legislation (House Bill 500) Would Affect Your Business

Changes are brewing as the North Carolina General Assembly considers proposed amendments to the brewery self-distribution cap, beer franchise laws, and off-premise container sales (i.e., “crowlers”), among other changes. ...more

The Muddy Waters of Use for Beer Brands

The Craft Brewers Conference is an impressive affair. Between the number of brewers I’ve met from across the country as well as internationally, and the colossal trade show, the breadth and scope of the industry is probably...more

North Carolina ABC Omnibus Legislation – House Bill 500

by Williams Mullen on

The North Carolina General Assembly is considering a number of alcohol-related bills in the 2017 long session. The most significant of these bills is the ABC Omnibus Legislation, House Bill 500, which proposes to allow North...more

Other North Carolina Alcohol Bills

by Williams Mullen on

In addition to the ABC Omnibus Legislation, and the Economic Growth for NC Distilleries / “Brunch Bill,” other alcohol-related bills being considered by the North Carolina General Assembly during the 2017 long session are as...more

Direct Brewery Sales Exempt from Franchise Laws

The Pa.L.C.B., in answering a multitude of questions, has given Pennsylvania’s brewing industry some clarity concerning the ability to deliver beer directly to consumers. It affirmed that, breweries in Pennsylvania are now...more

"Roll Out the Barrels" and the "Brunch Bill": Proposed North Carolina Legislation of Interest to the Alcohol Industry and...

by Ward and Smith, P.A. on

There are two bills pending in the North Carolina General Assembly this legislative session that may impact North Carolina breweries, distilleries, retailers, and consumers...more

New Beer Reporting Requirement Form Released

With the passage of Act 166 of 2016, effective January 17, 2017, Pennsylvania licensed breweries must now report to the Pa.L.C.B. the volume of malt or brewed beverages sold at their premises to consumers and...more

What’s On Tap: How to Start a Brewery in Michigan

by Fraser Trebilcock on

Before you can serve up that first cold brew to a customer, there are several key regulations you need to know about in order to build a successful brewing company. Some of these local, state, and federal regulations are...more

As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage...more

Georgia Weekly Legislative Update - March 2017 #2

by Dentons on

The General Assembly listed through a brief period of calm last week, a resetting of sorts after the drama of Crossover Day. Most of the legislation that advanced, either in committee or on the floor, did so on broad...more

PBI Presentation Recap: Key Features of Beer Distribution Agreements

Theodore J. Zeller III, a Member of Norris McLaughlin & Marcus, P.A., and Chair of its Liquor Law Department, recently presented on “Alcohol Distribution and Franchise Law” at the Pennsylvania Bar Institute’s Alcohol Law...more

New PA Beer Reporting Requirements Still Fluid

Under Act 166 of 2016, which became effective on January 17, 2017, breweries and wholesalers are required to report to the Pa.L.C.B. the volume of malt or brewed beverages sold either at wholesale or at retail on a monthly...more

Fairfax County Paves the Way for Craft Breweries, Wineries, and Distilleries

by McGuireWoods LLP on

Fairfax County has jumped into the craft beverage game by creating new zoning rules that make it more attractive for craft beverage production establishments, including breweries, wineries, and distilleries, to operate in the...more

The Importance of Brand Identity and Trademark Protection for Breweries and Wineries

by Tucker Arensberg, P.C. on

Too often, small startups, including brewery and winery businesses, only consider protection of their brands and other intellectual property as an afterthought. With hundreds of new wineries and craft breweries developing...more

Direct Sales to Consumers Exempt From Beer Franchise Laws?  Pa.L.C.B. Opines on Contract Brewing Arrangement Providing Beer to...

Recently, the Pa.L.C.B. published a legal opinion on the use of contract brewed beer by a couplet. A couplet is a manufacturing license (such as a G license for a brewery) that is used in conjunction with a brew pub (GP)...more

You Down with OPP? Pa.L.C.B. Opines on Manufacturers’ 50% Limitation for On-Premises Sales of Other People’s Products

Under Acts 39 and 166 of 2016, Pennsylvania-licensed manufacturers are now permitted to sell products made by other Pennsylvania-licensed manufacturers (such as Pennsylvania breweries, limited wineries, distilleries, and...more

The Force Strikes Back: Pa.L.C.B. Now Approves of the Planogram

We previously published a blog post covering the problems with planograms, titled “Planograms – The Future of Bad Beer.” In that post, we cited Pa.L.C.B. Legal Advisory Opinion No. 16-112, which prohibited a distributor from...more

Trademarking Your Name Can Drive You To Drink: The Risks and Benefits of Naming a Beer After Yourself

by Bowditch & Dewey on

You have worked hard, you are proud of your beer, and you want the market, if not the world, to know that it is your product. At the end of the creative process, like any other artist or craftsperson, you have the urge to...more

TTB Licenses and Regulations: How a Craft Brewery Lawyer Can Help

by Klein Moynihan Turco LLP on

Craft brewers applying for a permit/license or other approval from the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) can minimize delays, complication and confusion by working closely with a...more

Causing a Brouhaha: Trade Secrets Disputes in the Craft Beer Industry

In recent years, the craft beer craze has taken ahold of the country and has resulted in an explosion of new microbreweries and enthusiasts. Several websites, like BeerSmith, allow users to share recipes with others; other...more

BoozeLaw: Automated Service of Beer and Wine Available to Michigan Licensees

by Varnum LLP on

Fifty years in the future, historians will likely consider this decade (incidentally, there should be a more a creative moniker for this period than the "20-10s" or "10s") as the advent of true automation. Following...more

Free Beer? Think Again: Liability Considerations for Brewers with “Free Beer” Policies for Employees

by Bowditch & Dewey on

One of our blog posts last month — Last Call: Labatt Phases Out Retiree Perk of “Free Beer For Life” — discussed the fallout from Labatt’s recently announced decision to phase out its longtime practice of providing “free beer...more

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