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Beer

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

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

Williams Mullen

North Carolina ABC Omnibus Bill 2024 Becomes Law

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The North Carolina General Assembly passed the ABC Omnibus bill, Senate Bill 527, and it was signed into law by Governor Cooper on Monday, July 8, 2024. Most of the provisions of the bill go into effect immediately. The bill...more

McDermott Will & Emery

Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more

McDermott Will & Emery

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more

Adams and Reese LLP

Nashville Redefines Beer - Can You Still Sell Those RTDs?

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Nashville has enacted a city ordinance that makes the definition of beer consistent with state law. Previously, the Metro Nashville Beer Board allowed the sale of RTDs made from distilled spirits with a beer permit, if the...more

Fox Rothschild LLP

WARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law

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In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”) obligate an importer to honor a distribution...more

McDermott Will & Emery

TTB Issues Updated Guidance on Transfers of Beer Between Breweries Under Separate Ownership

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On July 13, 2023, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published Procedure Number 2023-1, providing brewers with updated guidance on the transfer of beer without tax payment between breweries not of the same...more

Verrill

No Water, No Beer

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The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water...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

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

Davis Wright Tremaine LLP

Oregon Expands Privileges for Out-of-State Breweries to Sell Malt Beverages Directly to Consumers and Retailers

Breweries outside of Oregon can sell and ship malt beverages directly to Oregon retailers if they obtain a newly created direct-to-retailer self-distribution permit. In addition, out-of-state breweries may obtain a Direct...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

McDermott Will & Emery

[Webinar] Going Green: Environmental and Sustainability Risks and Opportunities for Alcohol Companies - April 19th, 12:00 pm -...

In recent years, environmental and sustainability concerns have become increasingly important across the economy. Such concerns create both risks and opportunities for the alcoholic beverages industry. Join our experienced...more

Bowditch & Dewey

Recent Legislation Further Extends Expansion of Patio Service and Takeaway/Delivery of Alcohol by On-Premises Licensees

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In a previous blog post, we had advised that extensions for outdoor dining and sale of alcoholic beverages to-go were set to expire on April 1, 2023. On March 23, 2023, however, the Legislature passed House Bill 3458,...more

Adams and Reese LLP

Fate of Metro Nashville Beer Board Remains Uncertain at Tennessee General Assembly

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SB1327/HB0594 is set for hearing today in the Senate and Wednesday in the House. There have been significant changes since our last update on this proposed legislation...more

Adams and Reese LLP

Is the Metro Nashville Beer Board Headed for Extinction?

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Reliable sources say the Tennessee General Assembly is poised to introduce legislation to take away jurisdiction over beer at restaurants and limited service restaurants from the Metro Nashville Beer Board. HB0594 is...more

Kelley Drye & Warren LLP

NAD Pours Water on Puffery Arguments

Molson Coors ran a series of ads in which athletes celebrated the completion of a difficult workout by opening a can labeled “Extremely Light Beer” and pouring the liquid over their heads. An announcer says: “Light beer...more

Bowditch & Dewey

Checking in on Massachusetts’ Mixed Drinks To-Go Law

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The economic squeeze of COVID-19 led to the passage of a Massachusetts law granting establishments with liquor licenses temporary powers to sell mixed drinks to-go, under certain conditions. Those temporary powers were...more

Bowditch & Dewey

Approaching Sunset Date for Temporary Expanded Patio Service and Takeaway/Delivery of Alcohol

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During the early days of the COVID-19 pandemic, Massachusetts lawmakers temporarily authorized on-premises consumption licensees to expand their outdoor dining premises and offer to-go and delivery sales of alcoholic...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

Adams and Reese LLP

Can I Sell Sake in My Grocery or Convenience Store in Tennessee?

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Tennessee liquor laws are hopelessly complex, and the rules for sake are among the most byzantine. Sake is rice wine. Is it wine under Tennessee law?...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - December 2022 #2

LEGISLATION, REGULATIONS & STANDARDS - Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” - An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more

Adams and Reese LLP

Tennessee Self-Distribution Recap for Brewers

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State-wide self-distribution in Tennessee began October 1, 2021 for brewers. Rob Pinson and yours truly prepared the following summary of this ground-breaking law. Enjoy brewing, self-distributing and making money. In the...more

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