News & Analysis as of

Wine & Alcohol

Pennsylvania’s Malt Beverage Tax Credit to Take Effect in July

Have you been waiting to buy that new 20 barrel Brite tank? How about buying more kegs to distribute your beer? Beginning July 1, Pennsylvania breweries will have a new incentive to purchase brewing equipment, machinery, or...more

Brewing in the Zone: A Zoning Primer for Brewers

by Bowditch & Dewey on

Imagine finding the perfect site for your new brewery and tap room—it’s spacious, inexpensive, and conveniently located—only to be told by your lawyer that breweries aren’t allowed in that particular location. This is the...more

RAMP Certification Requirements: Expanded Enforcement Looming

As a result of the new laws enacted last year, anyone who serves or sells alcoholic beverages in Pennsylvania must be RAMP certified.  A Pa.L.C.B. e-mail advisory clarified these new laws.  Under the Pa.L.C.B. advisory,...more

New Jersey Amends the Alcoholic Beverage Control Act to Address the Manufacture and Sale of Hard Cider and Mead – Part 2: Wineries...

In addition to creating the Cidery and meadery license (see Part 1 for a discussion of the privileges of that license), the recent amendments to the Alcoholic Beverage Control Act (“Act”) amended the definition of “wine” in...more

Preserving California’s Tied-House Rules - Ninth Circuit en banc decision upholds decades-old law restricting alcohol beverage...

On June 14, 2017, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Retail Digital Network LLC v. Ramona Prieto, Case No. 13-56069, D.C. No 2:11-cv-09065-CBM-PJW. The decision rejects a...more

THE SLANTS Decision Affects More than a 2(a) and an (R)

In Monday’s decision in the newly minted, Matal v. Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was...more

Three Tiers for California

Last week, California’s tied-house law – the Alcoholic Beverages Control Act (Bus. & Prof. Code §§ 23000, et seq.) – withstood a hard-fought First Amendment challenge. In Retail Digital Network v. Prieto, the Ninth Circuit...more

New Jersey Amends the Alcoholic Beverage Control Act to Address the Manufacture and Sale of Hard Cider and Mead – Part 1: The...

In recent years, a handful of companies have been manufacturing and selling cider and mead in New Jersey under a temporary authorization permit (“TAP”) issued under the NJ ABC Commissioner’s general powers. Those companies...more

Canadian Food Inspection Agency seeks industry submissions on blended wine labelling

by DLA Piper on

The Canadian Food Inspection Agency (“CFIA”) is asking for the opinions of industry members and consumers regarding proposed changes to the way blended wine is labelled in Canada....more

En Banc Opinion Could Set Precedent for Tied-House Laws

by McDermott Will & Emery on

On June 14, 2017, the en banc (full) Ninth Circuit Court of Appeals issued the attached opinion in the case of Retail Digital Network v. Prieto, No. 13-56069....more

Liability Risks Associated With Employer-provided Alcohol

by Zelle LLP on

What’s the common denominator in these 4 workplace incidents? Each one was reported to us by a concerned client, and each one consumed the client’s time, efforts and resources....more

Brewery Storage Fermentation Rules

In a recent legal advisory opinion, the Pa.L.C.B. further clarified what a brewery can and cannot do at its storage locations. Previously, in another blog post, we detailed the ability of a brewery to sell its products for on...more

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 Love/Hate Relationship Between Alcoholic Beverage and Cannabis Industries

by Garvey Schubert Barer on

Here at GSB, we work with those in the cannabis industry (like producers, processors, retailers and ancillary service providers) and those in the alcoholic beverage industry (like wineries, breweries, distilleries, hotels and...more

Inadequate Disclosures Preclude Monetary Damages Recovery in Trademark Infringement Suit

by Orrick - NorCal IP Group on

Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgment, Sazerac Co., Inc., et al. v. Fetzer Vineyards, Inc., Case No. 3:15-cv-04618-WHO (Judge William H. Orrick) - As any practitioner who has...more

Pa.L.C.B. Announces Third Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the third restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

Oregon Legislature Takes Up Cider Bill

For several decades in Oregon, production of alcoholic beverages has firmly occupied the shifting regulatory border between agricultural and commercial uses, the latter of which Oregon law discourages or prohibits on...more

Texas Supreme Court Weighs In on Tied House

by McDermott Will & Emery on

Late last month, the Texas Supreme Court issued a ruling in Cadena Comercial USA Corp. d/b/a OXXO v. Texas Alcoholic Beverage Commission, finding in favor of the Texas Alcoholic Beverage Commission (TABC) and weighing in for...more

Winery, Vineyard Cyber Attack Risk Grows With Web-Connected Systems

In the internet of things (IoT), new opportunities for efficiency continually bring new cyber risk. If a device in your winery or vineyard connects to the internet, it is vulnerable. And so is the rest of the system connected...more

Opening a Restaurant in New Jersey – A Liquor License Q & A

by Cole Schotz on

If you have plans to open a restaurant in New Jersey and would like to serve alcohol, you should be aware of the longstanding rules related to liquor licenses. Most New Jersey municipalities are not able to issue new liquor...more

Likely Revision of EU Law on Duties for Alcoholic Beverages – Opportunity for Input

by Kelley Drye & Warren LLP on

The European Commission has opened a public consultation on the structures of excise duties applied to alcohol and alcoholic beverages in the EU. This is part of the process of the potential revision of EU law (Directive...more

USTR Report Highlights Foreign Barriers to U.S. Exports

by Polsinelli on

U.S. companies should review a recent USTR (United States Trade Representative) report providing insight into the various country-specific issues that may take center stage in future trade negotiations. Companies should then...more

Permits Moving to the Permits Online System this Fall Could Cause Substantial Delays

by McDermott Will & Emery on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently notified holders of permits that were originally filed in paper of plans to move all permits to the Permits Online (PONL) system this fall. ...more

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

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