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McDermott Will & Emery

Mixed Beverage Definition Gaining Traction in Indiana

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Indiana is one step closer to passing legislation that would allow popular liquor-based, ready-to-drink products to be defined as “mixed beverages” that currently fall under the definition of liquor in the state....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

Clark Hill PLC

The Learned Concierge - January 2024, Vol. 4

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Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Cybersecurity/Privacy - It’s a New Year and a Good Time for a Cybersecurity Checkup - 2023 was another...more

Lowndes

Florida’s Liquor License Lottery is Open!

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Looking for a lottery ticket that could win you a highly coveted and valuable liquor license? If so, and you have $100 to spare, then you too can apply for the state’s “quota” liquor license lottery....more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...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

Freeman Law

Texas Mixed Beverage Taxes

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The state of Texas imposes two taxes on alcoholic beverages that impact holders of certain permits under the Texas Alcoholic Beverage Code. These taxes are the mixed beverage gross receipts tax and the mixed beverage sales...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

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

Burr & Forman

SC Alcohol License Applications: Top 5 Traps for the Unwary

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After surviving COVID-19 lockdown restrictions, selling and serving alcohol in South Carolina restaurants and hotels is a huge industry showing no sign of slowing down. Even businesses not traditionally associated with...more

Lowndes

A Primer on Florida Alcoholic Beverage Licenses

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If you are buying or financing properties with businesses selling alcoholic beverages, Florida’s regulatory requirements may seem daunting. To successfully navigate the complexities of Florida alcoholic beverage licensing, a...more

Akerman LLP

Florida Restaurants Win Big with Permanent Mixed-Drinks To-Go

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It’s official! On July 1, 2021, restaurants in Florida will be able to sell alcoholic beverages, including mixed cocktails, to-go and for delivery permanently. ...more

Nossaman LLP

Drinking Through a Pandemic: Will Relaxed Alcohol Sales During COVID-19 Survive in California?

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Since the COVID-19 outbreak in the U.S. in March, the California Department of Alcoholic Beverage Control (the “ABC”) has issued various regulatory relief measures, making it easier for restaurants, bars and other industry...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Intentional Adulteration - The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more

Sheppard Mullin Richter & Hampton LLP

Potential Impact of U.S.-France Trade Tension on U.S. Imports of French Products and Luxury Goods

On December 2, 2019, the U.S. Trade Representative (USTR) announced that in response to a digital services tax law passed in France, it would be retaliating with stringent tariffs on luxury products coming from France. The...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - Oregon Sens. Request Changes To USDA Hemp Rule - In a letter to the U.S. Department of Agriculture (USDA), Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have requested changes...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Bilzin Sumberg

Trouble in Paradise for Bacardi and Winn-Dixie Over New FDUTPA Class Action

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Eighty-six years after the repeal of Prohibition, Bacardi USA and Winn-Dixie are facing a putative class action predicated on Florida Statute Section 572.455, a 150 year-old remnant of the temperance movement.  In Uri...more

Akerman LLP - Marks, Works & Secrets

How Many Types of Wines Are There: BIG SIX? Really?

The Trademark Trial and Appeal Board recently affirmed the refusal to register a trademark application for BIG SIX for wine on the ground that the term is generic or descriptive of wines. In re Plata Wine Partners, LLC,...more

Orrick, Herrington & Sutcliffe LLP

Bottled Booze in the Boarding Area IRS Ruling Permits Use of Floating Equity in Airport Exempt Facility Private Activity Bond...

In a recently released private letter ruling (Private Letter Ruling 201847001, or the “Ruling”), the IRS approved the use of a “floating equity” allocation method for exempt facility bonds issued to finance renovations to an...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #2

China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #3

FDA Warns Snyder’s-Lance About Iron Content Labels - The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter...more

McNees Wallace & Nurick LLC

Breweries Say: “Pennsylvania Beer, Wine, and Liquor…Oh My!”

Given last year’s amendments to the Pennsylvania Liquor Code, emerging malt and brewed beverage manufacturers looking to enter into and successfully compete in the Pennsylvania marketplace have recently been given more...more

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