News & Analysis as of

Wine & Alcohol

The Love/Hate Relationship Between Alcoholic Beverages 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

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

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