News & Analysis as of

Wine & Alcohol Beverage Manufacturers

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

Foster Garvey PC

New Direct-to-Consumer Law Permits Shipments of Distilled Spirits, Cider and Mead to New Yorkers

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A new law in New York expands retail sales channels for many craft alcoholic beverage producers across the country. S.2852A/A.3132A, recently signed into law by Governor Kathy Hochul, introduces significant changes to the...more

Weintraub Tobin

(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

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The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Weintraub Tobin

The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

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The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

McDermott Will & Emery

Pennsylvania Expands Access to Ready-to-Drink Cocktails

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On July 17, 2024, Pennsylvania Governor Josh Shapiro signed SB 688 into law, expanding the number of available outlets that can sell ready-to-drink cocktails (RTDs) across the state. The new law defines “Ready-to-drink...more

Nutter McClennen & Fish LLP

Beverage Breakdown (June 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. We look forward to sharing our...more

McDermott Will & Emery

Don’t Assume Nonalcoholic Beverage Ingredients Are OK for Alcoholic Beverages

As we enter 2024, more and more brands are joining the nonalcoholic beverage space. An increasing variety of nonalcoholic, single-serve, ready-to-drink beverages are marketing the innovative use of indigenous botanicals,...more

Alston & Bird

Food & Beverage Digest – November 2023: Making a Federal Case Out of Class Actions

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In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a mimosa fan is feeling really cavalier, a limone lacks...more

BakerHostetler

FTC Takes Nontarget to Court in Robinson-Patman Act Investigation

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There have been reports that the Federal Trade Commission (FTC) is leveraging the long-dormant Robinson-Patman Act as a basis for civil investigations into potential price discrimination by distributors in the alcoholic and...more

Kohrman Jackson & Krantz LLP

Ohio Liquor Permit Primer

Liquor permits in Ohio are issued and regulated by the Ohio Division of Liquor Control (the ODLC), which operates under the Ohio Department of Commerce. Liquor licenses allow individuals and businesses to legally produce,...more

Stoel Rives LLP

Stoel Rives Deeply Rooted Podcast - Season 3 Episode 1: Joshua Hanson, President of Small Vineyards, on Adapting to the...

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In the recent episode of the Deeply Rooted Podcast, Joshua Hanson, the President of Small Vineyards, shared his thoughts on a variety of topics with Todd Friedman. Small Vineyards, with its emphasis on quality and...more

Farella Braun + Martel LLP

Uncorked With Farella: Art of the Real Estate Deal With Bart Araujo

Katherine Philippakis' guest on this episode of Uncorked With Farella shares his experience building luxury brands. Bart Araujo owned one of Napa's greatest wineries and is a master of the art of the real estate deal. They...more

McDermott Will & Emery

The Tax Implications of Purchasing Craft Producers in the First Half of a Year

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If a large beverage company is considering purchasing or selling a craft beverage producer, it’s essential to understand how the craft producer may lose its earlier eligibility for reduced tax rates under the Craft Beverage...more

Alston & Bird

Food & Beverage Digest – July 2023: Sold By Weight, Not Volume

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In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more

Adams and Reese LLP

When Do To-Go Cocktails Expire in Tennessee?

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Last call for alcohol to go is 11:59 PM June 30, 2023. Cocktails to go expires in Tennessee on July 1, 2023. There are special rules for beer....more

ArentFox Schiff

Honey I Shrunk the Whisky? Class Action Alleges Fraud over Mini Bottle Labeling

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An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2023 #4

LEGISLATION, REGULATIONS & STANDARDS - Report: FDA Food Recalls Jumped 700% from 2021 to 2022 - The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more

Akerman LLP - Marks, Works & Secrets

Certiorari Granted to Jack Daniel’s with Respect to Parody Dog Toy: Does Anyone Here Have a Sense of Humor, and Does it Matter?

On November 21, 2022, the Supreme Court granted certiorari on the following questions described in Jack Daniel’s petition: Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of...more

McDermott Will & Emery

[Webinar] The Evolving Alcohol Industry: A Look Back at 2022 + Predictions for 2023 - February 16th, 12:00 pm - 1:00 pm EST

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In 2022, the alcohol industry saw significant developments in the regulatory space. As we look to 2023, industry leaders continue to adapt to the changing needs of consumers, driving more innovation than we’ve seen in years...more

McDermott Will & Emery

TTB Industry Circular 3: Calculating Tax Rates and Tax Credits on Imported Distilled Spirits

In the Alcohol and Tobacco Tax and Trade Bureau’s (TTB) final Industry Circular of the year, they provided DSPs guidance on how to calculate effective tax rates for distilled spirits products eligible for the Craft Beverage...more

McDermott Will & Emery

[Webinar] What Have We Learned? The Latest Trends in the Alcohol Industry, and What’s to Come - November 15th, 12:00 pm - 1:00 pm...

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The alcohol industry has proven to be quite resilient in 2022. As palates change and customers seek exciting new flavors and compositions, companies must be nimble to keep up with consumers’ needs and demands. Producers and...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - October 2022

On October 19, 2022, the U.S. Federal Trade Commission held a forum titled “Protecting Kids from Stealth Advertising in Digital Media” to discuss ever-growing concerns over advertising to youth, particularly in the digital...more

Kelley Drye & Warren LLP

Beverage Makers Served A Reminder By Kombucha False Advertising Case

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Anyone who has strolled the supermarket alcohol aisle in recent months may fairly stand in awe of the proliferation of boozy and not-so-boozy drinks in pretty packages, with small cans and pastel colors making it difficult to...more

Troutman Pepper

Washington Breweries and Distributors Sue Oregon over Beer Shipping and Distribution Laws

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Several Washington breweries and beer distributors filed suit in federal court against the Oregon Liquor and Cannabis Commission, the State Attorney General, and the Governor. The out-of-state breweries are challenging Oregon...more

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