Wine & Alcohol

News & Analysis as of

Holiday Parties: Can You Sue the Bar or Homeowner Who Served the Alcohol?

It’s that time of year again, when holiday parties abound and the number of buzzed drivers or intoxicated drivers on the roads increase, putting many innocent pedestrians, drivers, bicyclists, and motorists at risk. We may...more

Comparing Franchise Relationships and Beer Distribution Relationships

Beer distribution laws differ from traditional franchise laws in many ways, but they do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer into a...more

Planning your workplace holiday party? Read this first!

And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on “How to Make Your Workplace Holiday Party Sparkle — With No Legal Hangovers,” and got some great questions from the attendees....more

Oktoberfest Special: Störtebeker, What’s in a Beer Name?

We brand geeks at MarkIt to Market occasionally like to explore the history of interesting trademarks. A recent visit to Germany inspired a look into the history of the Störtebeker beer brand, which derives its name from one...more

Avoiding Holiday Liability

Back by popular demand, here is our annual “Avoiding Holiday Liability” issue of the Workplace Word. ‘Tis the season to be jolly. However, while you are enjoying the holiday cheer and a cup of hot chocolate, don’t...more

New England Employers Beware Holiday Opening Bans

Over the past several years, many retailers have moved up the start times of their “Black Friday” sales so that they start on Thursday—which is Thanksgiving—instead of Friday. Despite some public disapproval, this move...more

Food and Hospitality Bites - Autumn 2014

IN THIS ISSUE: - Allergen labelling – the new requirements - Licensing and deregulation - Late Night Levy – Update - The new Tobacco Products Directive - The Horsemeat Scandal - The Alcohol Misuse Manifesto...more

S744 – Appropriations Act of 2014 (Budget)

Transfer of ABC Commission to Department of Public Safety - The 2014 state budget bill transfers the North Carolina ABC Commission (“ABC Commission”) from the North Carolina Department of Commerce to the North Carolina...more

Skinnygirl Squeezes Past Class Action For Deceptive Advertising

Amy Langendorf alleged that Skinnygirl Margarita, a pre-mixed alcoholic beverage, contains the non-natural preservative sodium benzoate, rendering the product’s “all natural” label false and misleading. Langendorf filed suit...more

H1050 – Omnibus Tax Law Changes

Effective 1 May 2015, the ABC Commission will require compliance with tax laws by ABC permittees and will have new enforcement mechanisms to review and confirm state tax compliance....more

S734- Regulatory Reform Act of 2014

The Regulatory Reform Act, SB 734, went into effect on September 18, 2014. It includes provisions that allow colleges with brewing programs to obtain licenses to begin selling beer produced during the program to wholesalers...more

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your...more

Risks of Running a Brewery & How to Avoid Them

Beware of These Risks - Underage Drinkers, Intoxicated Patrons & Employee Restrictions - Restrictions on Employees - - Employees are prohibited from drinking while on the job. - Employees who...more

A Quick Summary of New Changes to California Law

Our friends at Legsilative Intent Service (a great resource for digging deep into the history of California legislation) have recently published their list of changes to California law coming in 2015. These legislative...more

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

The Haunted History of the Hallowine Trademark

Brewers, distillers, and vintners are no strangers to themed seasonal offerings, so it’s not surprising that Halloween brings out some decidedly decrepit monikers. From PUMPKINHEAD (think reaping) to NOSFERATU, WITCH’S WIT...more

Advertising Law - October 2014 #3

Permanent Ban From Prize Promotion Business After Sweepstakes Scam - A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more

Florida Litigation Update: Appeals Court Clarifies Procedure to Execute Against Alcoholic Beverage License

On September 23, 2014, Florida’s First District Court of Appeal issued its opinion in VMI Entertainment, LLC v. Westwood Plaza, LLC, et. al. clarifying the procedure to execute against a judgment debtor’s alcoholic beverage...more

Beer Is Not the New Wine: USPTO Again Rejects Beer Trademark Citing Wine Mark

As the number of craft breweries and craft beer brands grow, many breweries are finding it increasingly difficult to register their marks, not necessarily because there are many new beer trademarks filed with the USPTO (which...more

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

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

Volunteers Cause Winery Woes

Volunteers and for-profit businesses shouldn’t be served together. That lesson has proved to be fatal for a small California winery. As reported by the San Jose Mercury News, Westover Winery’s “use of volunteer workers...more

Researchers Develop Technique For Turning Winery Waste Into Biofuels

Winery waste is composed of the skins, pulp, stalks, and seeds that are left over after grapes have been pressed. This waste cannot be used for animal feed or composted, so it typically ends up as toxic landfill. Researchers...more

TTB Issues Expanded List of Allowable Changes to Approved Labels

On Monday, September 29 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2014-2, which expands the list of Allowable Revisions to Approved Alcohol Beverage Labels....more

EEOC Sues Mims Distributing Company for Religious Discrimination

Beer Distribution Company Unlawfully Failed to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charges - RALEIGH, N.C. - Mims Distributing Company, Inc., a North Carolina corporation that operates a...more

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