News & Analysis as of

Labeling Wine & Alcohol

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

Troutman Pepper

TTB Seeking Public Input on Potential Alcoholic Beverage Labeling Changes

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As we previously reported, the Treasury Department released a 2022 report on Competition in the Markets for Beer, Wine, and Spirits (the Competition Report) recommending, in part, that the Alcohol and Tobacco Tax and Trade...more

Stoel Rives LLP

Attention Wine Shippers! California’s Bottle Bill Now Applies to Wine

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If you are selling wine into California, the chances are that California’s bottle bill now requires your winery to take additional administrative steps, potentially change labels, and make payments to CalRecycle. See below...more

Adams and Reese LLP

Sazerac Fireball Cinnamon – Clever Marketing or Deceptive Labeling?

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The industry is all abuzz about Sazerac’s flavored malt beverage “brand-extension” of its popular Fireball Cinnamon Whisky. Here is a single serving – aka shot – of the original 66 proof distilled spirit:...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

BakerHostetler

AD-ttorneys@law - October 2022

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Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more

Adams and Reese LLP

What Is the Tennessee Law for Infusions?

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The Tennessee ABC liquor-by-the-drink application and renewal applications ask in Question 15: "Do you intend at any point during the next license year to produce, store, sell or offer for sale infusions as that term is...more

McDermott Will & Emery

[Webinar] What Have We Learned? The Latest Trends in the Alcohol Industry, and What’s to Come - September 29th, 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

ArentFox Schiff

The Metaverse: Alcohol Beverage Industry’s Next Marketing Frontier?

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The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. Alcohol...more

McDermott Will & Emery

TTB Issues Four-Part Series on Health-Related Alcohol Marketing Claims

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As consumers continue to trend toward more health-conscious options, including in their choice of alcoholic beverages, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has responded with guidance on health-related marketing...more

McDermott Will & Emery

Five Tips for Making Boozy Ice Cream That’s Legal

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When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize...more

Fox Rothschild LLP

The TTB Modernizes Alcohol Labeling And Advertising Regulations

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On April 2, 2020, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a final rule, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages. While it does not require...more

Shumaker, Loop & Kendrick, LLP

Summary of U.S. Advertising Laws and Regulations for Malt Beverages and Energy Drinks

WHAT IS, AND IS NOT, ADVERTISING? At the outset it is important to understand what is, and is not, considered to be advertising or an advertisement under U.S. law. Generally speaking, as applied to any product, be it beer,...more

Lowndes

Lowndes Client Corner Podcast Episode 5 - Winter Park Distilling Company Brews One-Of-A-Kind Facility in Winter Park

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Dan McIntosh talks with Andrew Asher and Paul Twyford, founders of the Winter Park Distilling Company, a Central Florida distiller of spirits, including Dog Island Rum, Genius Vodka and Bear Gully Classic Whiskey. Andrew and...more

Manatt, Phelps & Phillips, LLP

A Shot of Rejection: Court Affirms TTB’s Ad Denial

A Washington, D.C., judge poured out an action from a vodka company over its advertising claims in an appeal from the Alcohol and Tobacco Tax and Trade Bureau (TTB)....more

McDermott Will & Emery

TTB Publishes NPRMs to Repeal Standards of Fill for Wine and Distilled Spirits

On Monday, July 1, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published two eagerly anticipated notices of proposed rulemaking (NPRMs) to largely repeal the standards of fill for wine and distilled spirits...more

Smart & Biggar

Enjoy your cannabis hot chocolate, but not so fast on the cannabis beer

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The Canadian Federal government’s proposed amendments to the Cannabis Act and Regulations were published last month. Until February 20, 2019, Health Canada will be accepting comments on the proposed amendments, which set out...more

Verrill

TTB Expands Allowable Changes to Labels without Resubmission, but Reminds us that One Label “Does Not (Necessarily) Fit All”

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Certificate of Label Approval (or COLA) can be one of the more frustrating processes for brewers. Each label must be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Once the COLA is issued, only certain,...more

McDermott Will & Emery

TTB Updates to the Semi-Annual Regulatory Agenda

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Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)....more

McDermott Will & Emery

TTB Issues Updated Guidance on Personalized Labels

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Recently, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an update to its existing public guidance on personalized labels. The current update clarifies the process for obtaining an approved COLA for personalized...more

McDermott Will & Emery

TTB Reopens Comment Period for Three Notices of Proposed Rulemaking

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On October 11, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) reopened the comment period for the following three notices of proposed rulemaking... ...more

McDermott Will & Emery

Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision

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On Friday, October 13, 2017, a Texas Court of Appeals handed down the long-awaited decision in Texas Alcoholic Beverage Commission v. Mark Anthony Brewing, Inc., No. 03-16-00039-CV. The case involves Texas’ ban on...more

McDermott Will & Emery

Latest Decision in Kona Beer Branding False Advertising Case

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The US District Court for the Northern District of California’s recent opinion in Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027-BLF (Sept. 1, 2017) represents the latest decision in the now long-line of false...more

McDermott Will & Emery

Implications of EU Ingredient Labeling Proposal for US Suppliers

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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

McDermott Will & Emery

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

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