Wine & Alcohol

News & Analysis as of

Handmade, Craft, and Imported: Alcohol Beverage Makers Battle False Labeling & Advertising Claims

In the past couple years, there have been several consumer class action lawsuits filed against alcohol beverage makers claiming that their labels or marketing campaigns are false or misleading. Several lawsuits have been...more

Food and Beverage Alert (US) - October 2015

FSMA will have major impact on dietary ingredient suppliers, expert says. The biggest change in food regulation in the US in the past 75 years will have a major effect on the suppliers of dietary ingredients, a food-quality...more

Update on New Orleans Zoning Ordinance

The new City of New Orleans Comprehensive Zoning Ordinance (“CZO”) became effective on August 12, 2015, but various interested parties have already begun the process of amending this newly-adopted ordinance. Last Thursday,...more

Prepare Your Brewery or Distillery to Raise Money

Raising capital can be very exciting, but it can also create a great deal of uncertainty and anxiety. Before you approach a bank, an individual investor, or a more institutional equity investor, be aware that these people...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Double Whammy in Maine’s Paper Industry - This past week, two northern Maine paper mills...more

Ohio Now Permits Limited “Outdoor Refreshment Areas” for Open Containers

Recently, the Ohio legislature passed, and Governor Kasich signed into law, House Bill 47 which permits Ohio cities and townships to designate areas in which individuals can carry open containers to drink alcohol in public....more

Winter Park Distilling Company Brews One-of-a-Kind Facility in Winter Park

Exciting things are happening with our client Winter Park Distilling Company which recently announced expansion plans of its new “Brewstillery” facility which will combine a craft distillery, brewery, taproom and retail...more

Trademark Review | September 2015

The TTAB Finds Confusion Between WINEBUD Wine and BUD Beer The Trademark Trial and Appeal Board (TTAB) found that Applicant’s mark WINEBUD for wine is confusingly similar to Anheuser-Busch’s (“AB”) BUD mark. The TTAB...more

Constitutional Right to Sell Beer?

Texas, like many states, has a patchwork of complicated, and often inconsistent, alcohol regulatory laws. A few years ago, Texas craft breweries were authorized to sell products to visitors for on-premises consumption. So, if...more

More Money May Be in Store for Distilleries

More favorable changes may be in store for distilleries that want to sell bottles on-premise to consumers in North Carolina. Proposed new North Carolina legislation would (1) expand the number of distilleries that can sell...more

Mega Merger Looming for the Beer Industry

The latest wave in the ever-changing and often turbulent waters of the beer industry is the potential merger of SABMiller with Anheuser-Busch InBev. This potential combination would create a brewery with nine of the world’s...more

ACA Menu Labeling Requirements: Draft FDA Guidance

The FDA’s 105-page final rule on chain restaurant nutrition labeling of menu items now has an associated, 53-page, draft guidance document, supplementing the FDA’s 132-page Food Labeling Guide, we learned from the September...more

Take a Bite Out of Taxation: The Core Issues of the CIDER Act

Interest in, and consumption of, hard cider is on an upswing in the United States. The hard cider market grew by 71 percent in 2014 with total cider sales jumping from just $78 million in 2011 to $470 million for the 52 weeks...more

Closing Time: Liquor License Considerations in Hospitality Transactions

In today’s increasingly competitive hospitality market, the closing timeframe of sophisticated hospitality transactions has become a significant point of negotiation between sellers and purchasers. One factor that frequently...more

Proposed New ABC Rules For North Carolina Distilleries Selling Direct to Consumers

The North Carolina ABC Commission has drafted proposed temporary rules governing direct-to-consumer sales by distilleries. The proposed rules are a result of HB909, the ABC omnibus legislation signed by Governor McCrory on...more

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

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