News & Analysis as of

Wine & Alcohol

TTB Releases Results of Annual Sampling Program: Many Common Label Violations Can Easily Be Avoided

Each year the TTB conducts its Alcohol Beverage Sampling Program where it randomly purchases products to assess whether their labels comply with federal regulations and to test whether their contents comply with the...more

Brand Registration and COLAs for New Jersey (only) Sales

TTB label approval is generally required only when an alcoholic beverage is going to cross state lines (see 27 C.F.R. §7.20). Meanwhile, the New Jersey Division of Alcoholic Beverage Control (ABC) requires that all brands...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

Pennsylvania Zombie Liquor License Auction: Keys to Making a Successful Bid

The Pa.L.C.B. recently completed the second phase of the zombie liquor license auction, which was established under Act 39 of 2016 and discussed in previous blog posts. The second phase, like the first, saw a great price...more

NC Legislative Update - March 2017 #5

by Nexsen Pruet, PLLC on

This week - Another seemingly deliberate week at the legislature picked up the pace very quickly Wednesday afternoon, with rumors of a deal to repeal House Bill 2, North Carolina’s controversial “bathroom bill”. On...more

Internet Vino Veritas: Rules and Guidelines for Social Media Efforts Related to Alcohol Sales

Every day, businesses extend more of their services to the internet in an effort to cater to millennials and upcoming generations of consumers. Those in the wine industry are no exception. Though somewhat slow to adopt online...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

HAVANA CLUB: The Rum’s Back on Ice

Last year, I blogged about the decades-long dispute for the HAVANA CLUB trademark in the United States. Nearly ten months later, well, its spirit lives on....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

Distillations: A Toast to Champagne

by Fish & Richardson on

Welcome to the first in a series of Distillations blog posts on Fish Trademark & Copyright Thoughts. Distillations will discuss notable decisions and developments in trademark and advertising law as they relate to the beer,...more

USDA Warns Canada-EU Trade Agreement Could Impact US Alcohol Beverage Exports

by McDermott Will & Emery on

US exporters of alcohol beverages to Canada will soon face stiffer competition from their European rivals. The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is expected to come into force by June 1,...more

Implications of EU Ingredient Labeling Proposal for US Suppliers

by McDermott Will & Emery on

On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and...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

Minnesota Weekly Legislative Update: Legislation Continues to Move as First Committee Deadline Nears

by Faegre Baker Daniels on

Today marks the first committee deadline in the legislative session. By midnight tonight, bills must be approved by policy committees in the House or the Senate. Next Friday is the second committee deadline, by which all...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

Boletín Mensual de Comercio Internacional: Febrero - Información con Énfasis en la Regulación Comercial y de Arbitraje...

by Holland & Knight LLP on

Durante el mes de febrero destacan los siguientes temas: Antidumping, Comercio, Propiedad Intelectual, Medidas Sanitarias, Aduanero, Arbitraje....more

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

by McDermott Will & Emery on

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

Minnesota Weekly Legislative Update: Budget Surplus and Sunday Alcohol Sales

by Faegre Baker Daniels on

With the first committee deadline rapidly approaching, policy committees worked overtime this week processing bills. There was also House floor action on two higher profile issues the Legislature is addressing this session:...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

Budget 2017

by Hogan Lovells on

The 2017 Budget was presented by Minister Pravin Gordhan before Parliament on 22 February 2017. The 2017 tax proposals are projected to raise ZAR28 billion, and increase the tax burden from 26% of GDP in 2016/17 to 26.7%...more

Passing “Brunch Bills” to Repeal Blue Laws

A trend sweeping the nation, and perhaps, North Carolina? By statute, North Carolina allows on-premises alcohol sales statewide from 7:00 a.m. to 2:00 a.m. every day, except Sundays, when alcohol service cannot begin...more

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

by McDermott Will & Emery on

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the...more

Food for Thought: A Review of 2016 Litigation

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...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

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