Wine & Alcohol

News & Analysis as of

Louisiana Legislative Update

The 2015 Louisiana legislative session is over, so let’s check on the four-pack of bills and the proposed tax increase. HB132 would have required individuals consuming alcoholic beverages at commercial establishments to have...more

Client Alert: New Changes to North Carolina Alcoholic Beverage Laws Have Big Impact on Local Businesses

On June 19, 2015, House Bill 909 (now Session Law 2015-98) was signed into law by Governor Pat McCrory, making considerable changes to North Carolina Alcoholic Beverage Control (“ABC”) laws. The most notable changes concern...more

NC ABC Law Changes, How Will This Impact Your Business?

North Carolina Governor Pat McCrory signed House Bill 909 into law on June 19, 2015, which makes several significant changes to North Carolina alcoholic beverage control (“ABC”) laws. The bill includes changes to North...more

The Label on Your "Handmade" Whiskey Is Causing More Problems Than You Think

The recent market for artisanal and handcrafted goods has spawned a spate of consumer class actions against makers of popular liquors, including Tito’s Vodka, Maker’s Mark, and Jim Beam, for using terms like “handmade,”...more

Craft Beverage Modernization and Tax Reform Act

On June 11, 2015, Senator Ron Wyden introduced the Craft Beverage Modernization and Tax Reform Act, a bill that would promote continued job creation in the growing craft beverage, cider, wine and distillery industries...more

Getting the Deal Through - Advertising and Marketing 2015: Canada

Legislation and Regulation - What are the principal statutes regulating advertising generally? The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more

NC Legislative Update for June 2015

This Week - Senate Budget writers continued to meet privately throughout the week. Senate leadership sharply criticized the House budget surmising that it spends far too much, a roughly 6% overall increase in spending...more

Contract Brewing, Powdered Alcohol, Distillery Sales and More – What Does the N.C. Legislature Have in Store?

The North Carolina Senate Finance Committee passed House Bill 909 on 27 May 2015, which would make several significant changes to North Carolina alcoholic beverage control (“ABC”) laws. The fourth edition of the bill...more

OFAC Issues Guidance Regarding the Parameters of Authorized Travel Between the U.S. and Cuba

On May 5, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued guidance regarding travel between the United States and Cuba. In particular, the guidance clarifies that companies authorized to...more

For Game of Thrones Beer, Quoth the RAVEN “Nevermore”

The HBO show “Game of Thrones” is a popular show for nerds and non-nerds alike. And if you also happen to be a beer nerd, Brewery Ommegang has been making a series of Game of Thrones-inspired beers in a collaboration with...more

Consumer Class Actions Against Liquor Producers Follow Familiar Path

Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more

Maker’s Marketing: Bourbon Distiller Racks up “Handmade” False Advertising Victory

In a decision that will interest distillers and hipster connoisseurs of artisanal beverages alike, a district court in the Northern District of Florida has decided that Maker’s Mark can describe its whiskey as “handmade”...more

Maker’s Mark Defeats “Handmade” Class Action Lawsuit

Could consumers have plausibly believed that one of the country’s top-selling bourbon brands is “handmade”? Not according to one federal district court in Florida, which recently dismissed a class action alleging Maker’s...more

Food Litigation Newsletter - May 2015

In This Issue: - RECENT SIGNIFICANT RULINGS ..Court Dismisses in Part “Natural” Claims ..Court Enters Partial Dismissal of “Handmade” Claims ..Court Dismisses Injunctive Relief Claim Allows...more

State and Local Taxation: Headline News and Trends - April 2015

In This Issue: Megatrends and Developments, Business Activity Taxes, Transaction Taxes, Other Issues... ...more

FRANCHISOR 101: Time for a Tall One? 3rd Circuit Affirms MillerCoors' Victory in Dispute

A U.S Court of Appeals ruled in favor of MillerCoors finding the brewer did not violate its distribution agreement with a beer distributor or Pennsylvania's alcohol beverage laws when it (i) assigned distribution rights for...more

Hiding in Plain Sight: The Delano Farms Plant Patent Case

Mysterious to even many patent practitioners, plant patent issues create their own peculiar body of controlling case law. A recent Federal Circuit decision, Delano Farms v. The California Table Grape Commission, illustrates...more

Food and Beverage News and Trends

Judge rejects consumer claim concerning evaporated cane juice - On March 12, a US district judge in the Northern District of Illinois dismissed with prejudice a consumer lawsuit against the manufacturer of Healthy Grains...more

Louisiana Excise Tax on Liquor Could More Than Double

The State of Louisiana is facing a severe budget shortfall, and legislators are looking at all avenues to increase revenues. Unfortunately, alcoholic beverages provide an easy target and the state’s excise tax levied on...more

April 17, 2015 NC Legislative Update

Legislators are back in Raleigh after a week off and it doesn’t look like anything has changed after the extra time they were given to reflect on the session. Just as we’ve seen before: - There’s a new bill that would...more

Doctrine of Merger Not a Good Blend for Seller of Sonoma Winery Property

In Ram’s Gate Winery, LLC v. Joseph G. Roche, et al. (No. A139189 & A141090, filed 4/9/15) (Ram’s Gate), the California Court of Appeal for the First Appellate District held the doctrine of merger did not extinguish a...more

Week in Review - April 2015 #2

Minnesota legislators resumed the 2015 session Tuesday with a full plate and six weeks remaining. Gov. Mark Dayton’s ambitious education and transportation spending proposals face serious challenges from the radically...more

Four-Pack of Louisiana Alcoholic Beverage Bills Filed

The 2015 Louisiana legislative session starts on April 13, and the pre-filed bills have been pouring in over the past few days. Four of the pre-filed bills warrant special consideration for the craft beverage industry....more

Class Action Lawsuit Claims Wines Contain Unsafe Levels of Arsenic

Four California residents brought a lawsuit earlier this month against 28 wineries for producing, manufacturing or distributing wine in California that allegedly contains inorganic arsenic in amounts far in excess of what is...more

Spirits Industry Under Fire: What You Need to Know About Class Action Litigation

In this issue: - Where did these cases come from? - What are these cases about? - Who is driving these cases? - What are the Plaintiffs suing for? - Who is a likely target? - How can...more

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