Wine & Alcohol

News & Analysis as of

Arsenic In Calif. Wine, But Is There A Problem?

A class action was filed in California Superior Court on March 19, 2015, Doris Charles et al. v. The Wine Group Inc. et al., case no. BC576061, that has raised a number of questions about the extent to which arsenic should be...more

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

Join the Political Process

The legal, regulatory, and policy landscape of the alcohol manufacturing industry is changing on a daily basis. As the owner of a brewery or distillery, it is critically important to not only stay abreast of these changes,...more

Advertising Law - August 2015 #2

FDA Wants to Pour Some Sugar on the Nutrition Label - Adding to the proposed changes to the Nutrition Facts label—the first tweaks in 20 years—the Food and Drug Administration has suggested yet another: adding the...more

Trademark Searching - Remember to Think Outside the Box

Trademark searches are necessary, any trademark attorney will tell you this. Like we have said previously, adopting a trademark and putting it into the marketplace without conducting some type of trademark search is akin to...more

Anheuser-Busch To Sell Distributorship In Compliance With Kentucky Law

The business world and the legal world intersect at many different points, and it is important for business owners to not only keep track of their legal obligations, but also to pay attention to how changes in the law impact...more

Wineries Often Overlook Harassment Liability

Harassment training is important in all workplaces, yet is often overlooked at wineries. However, wineries can be hotbeds for harassment suits. Originally published by the North Bay Business Journal. ...more

International Food Law Gazette - July 2015

King & Spalding is pleased to provide this first edition of the International Food Law Gazette, a publication of our Food & Beverage Group. For decades, King & Spalding has closely advised leading food, beverage and dietary...more

News from Second and State

Month two of the budget impasse is upon us, with no real developments to report this week. Some back and forth in the press between the House Republicans and House Democrats brought speculation of a possible budget bill veto...more

The Wine Institute and Reed Smith Team Up To Fight Illinois False Claims Act Overreach

On July 28, 2015, on behalf of the Wine Institute and its members, Reed Smith filed an action in the Circuit Court of Cook County, Illinois against the Illinois Attorney General (the “Attorney General”) and the Illinois...more

Open Carry? Or Not?

Police Chief Steroid McMuscles reported that Colt Glockenhand who entered Wally-Mart with a shotgun was not charged with “engaging in the lawful open carry of a pump-action shotgun” – a violation of the Cut and Shoot town...more

Social Media Adds Kick to Beer-Themed Trademark Battle

As social media and the numerous platforms continue their exponential growth in popularity and constant evolvement, legal issues surrounding their use also will inevitably emerge. A recent case filed in the Western District...more

The Alcohol Tobacco Tax and Trade Bureau Frequently Asked Questions: Growlers

What are the concerns for filling a growler? A growler is either a bottle or a large glass. The distinction is solely dependent on the manner in which the brewer fills the container. When is a growler a bottle? A growler is a...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Alcohol Tax Breaks Brewing in Congress (May 2015)

Tax relief may be on the way for alcohol producers both large and small. Two tax breaks for brewers are vying for the spotlight on Capitol Hill, while a third piece of legislation would grant earlier tax deductions to...more

Keep Calm and Sip Some Sparkling Wine

Many who enjoy champagne have noticed that their favorite cuvée has quietly changed its label. Many of the world’s bottles of bubbly now indicate that they contain “sparkling wine” when they used to be “champagne.” Those who...more

Absolut Apologies, Comparisons, Truncations

It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting...more

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

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