Wine & Alcohol

News & Analysis as of

"Roll Out the Barrels" and the "Brunch Bill": Proposed North Carolina Legislation of Interest to the Alcohol Industry and...

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

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

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

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

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...

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

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

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

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

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

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

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

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

Saving Lawyers 1 Less Drink at a Time - The Not-So-Obvious Link Between Alcohol and Anxiety

Approximately 20 percent of the general population experiences an anxiety disorder at least once in their lifetime. Law students and lawyers, however, report to struggle with anxiety at twice that rate. “The official number...more

The TTB Proposes New Definition of Hard Cider

On January 23, 2017 the Alcohol & Tobacco Tax & Trade Bureau (TTB) published a Temporary Rule and a Notice of Proposed Rulemaking (NPRM) related to the new definition of hard cider. Congressional action required a new...more

Plain Packaging and Warning Labels—While the WTO is Examining the Legality of Packaging and Labeling Requirements that Prohibit...

There have been several pieces of research recently calling for the use of plain packaging and graphic health warnings, similar to those used on tobacco products, on soft drinks and alcoholic beverages as a means of...more

How Wine Sellers Risk Licenses by Using Third-Party Providers

The innovative marketing and brand experiences offered by the online technology of third party providers (TPPs) can be an effective way for wineries and wine retailers to connect their product with their customers, expand...more

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Making United States Consumer Safer For Tequila?

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) recently dismissed Luxco, Inc.’s (“Luxco”) opposition to registration of the mark TEQUILA (in standard character format) by an...more

The Christmas party, and the fallout that followed

Many will recall the vicarious liability case heard earlier in 2016, involving a petrol station attendant (Mohamud v. WM Morrison Supermarkets plc. [2016] UKSC 11) where it was found on appeal that there was a sufficiently...more

TTB Releases 2017 Semi-Monthly & Quarterly Excise Tax Return Due Dates

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has released its 2017 due dates for semi-monthly and quarterly excise tax returns. Be sure to file on time. The failure to file on time can result in a penalty of 5% of the...more

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