News & Analysis as of

TTB

TTB Clarifies Recall Information

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published a circular clarifying its position on voluntary beverage recalls for adulterated or mislabeled products....more

TTB Confirms PATH Act “Hard Cider” Compliance Extension

by McDermott Will & Emery on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has confirmed that compliance with the temporary rule implementing the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) (T.D. TTB-147), which changes the...more

Ruling in the Asahi Beer Class Action

by McDermott Will & Emery on

Last month the US District Court for the Central District of California issued an order in the Shalikar v. Asahi Beer U.S.A., Inc. false advertising class action case. Like many similar cases, Shalikar alleges that the...more

How Can a Brewery Produce Hard Cider? – Part 2: COLAs, Standards of Fill and Pa.L.C.B. Brand Registration

Hard cider (or alcoholic cider as it is commonly called) has been around for centuries, especially in Pennsylvania. Being home to many apple orchards, Pennsylvania is starting to see numerous cideries (like a brewery, but for...more

How Can a Brewery Produce Hard Cider? – Part 1: TTB Permitting

Hard cider (or alcoholic cider as it is commonly called) has been around for centuries, especially in Pennsylvania. Being home to many apple orchards, Pennsylvania is starting to see numerous cideries (like breweries, but for...more

TTB Issues Updated Guidance on Personalized Labels

by McDermott Will & Emery on

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

TTB Reopens Comment Period for Three Notices of Proposed Rulemaking

by McDermott Will & Emery on

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

Pa.L.C.B. Changes Procedure on Brand Registration for Breweries

We have received official word that the Pa.L.C.B. has decided to change part of its procedure for brand registration. This was not a formal regulation change, but a change to the internal review and approval requirements....more

Alcohol and Tobacco Tax and Trade Bureau Announces Joint Operation Targeting Alleged “Pay-to-Play” Activities in Florida

by McDermott Will & Emery on

On July 20, 2017, the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced a joint operation it conducted with the Florida Department of Alcoholic Beverages and Tobacco (DABT) to investigate potential trade...more

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB...more

TTB Guidelines for Advertising Alcoholic Beverages on Social Media

Social media has become one of the most powerful marketing tools for businesses, including alcoholic beverage industry members (e.g., brewers, distillers, wholesalers). In light of the prominence of social media advertising,...more

Senate Bill 155: The Brunch Bill - Expanded Version

by Ward and Smith, P.A. on

A few months ago, we provided a summary of North Carolina House Bill 500 and how it would have clarified many ambiguities under our state's existing alcoholic beverage laws and benefitted the brewing industry. Unfortunately,...more

The Brewers Association Releases the Independent Craft Brewer Seal

As the beer landscape in the United States continues to change, the Brewers Association has announced a way for consumers to ensure the beer they are buying is produced by an official “craft brewer.” Breweries in the United...more

Brewery Storage Fermentation Rules

In a recent legal advisory opinion, the Pa.L.C.B. further clarified what a brewery can and cannot do at its storage locations. Previously, in another blog post, we detailed the ability of a brewery to sell its products for on...more

Permits Moving to the Permits Online System this Fall Could Cause Substantial Delays

by McDermott Will & Emery on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently notified holders of permits that were originally filed in paper of plans to move all permits to the Permits Online (PONL) system this fall. ...more

TTB Releases Results of Annual Sampling Program: Many Common Label Violations Can Easily Be Avoided

Each year the TTB conducts its Alcohol Beverage Sampling Program where it randomly purchases products to assess whether their labels comply with federal regulations and to test whether their contents comply with the...more

Brand Registration and COLAs for New Jersey (only) Sales

TTB label approval is generally required only when an alcoholic beverage is going to cross state lines (see 27 C.F.R. §7.20). Meanwhile, the New Jersey Division of Alcoholic Beverage Control (ABC) requires that all brands...more

Implications of EU Ingredient Labeling Proposal for US Suppliers

by McDermott Will & Emery on

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

The Force Strikes Back: Pa.L.C.B. Now Approves of the Planogram

We previously published a blog post covering the problems with planograms, titled “Planograms – The Future of Bad Beer.” In that post, we cited Pa.L.C.B. Legal Advisory Opinion No. 16-112, which prohibited a distributor from...more

The TTB Proposes New Definition of Hard Cider

by McDermott Will & Emery on

On January 23, 2017 the Alcohol & Tobacco Tax & Trade Bureau (TTB) published a Temporary Rule and a Notice of Proposed Rulemaking (NPRM) related to the new definition of hard cider. Congressional action required a new...more

TTB Releases 2017 Semi-Monthly & Quarterly Excise Tax Return Due Dates

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has released its 2017 due dates for semi-monthly and quarterly excise tax returns. Be sure to file on time. The failure to file on time can result in a penalty of 5% of the...more

TTB Publishes a Federal Register Notice Adjusting the Civil Monetary Penalty under ABLA

by McDermott Will & Emery on

On January 10, 2017, TTB published a Federal Register notice adjusting the civil monetary penalty imposed for violations of the Alcohol Beverage Labeling Act of 1988 (the ABLA). The ABLA requires the labels of alcohol...more

Boozelaw: TTB Adopts Changes Designed to Benefit Startup Brewers, Winemakers and Distillers

by Varnum LLP on

For certain brewers, wine makers and distillers, the gift-giving season did not necessarily end in December. The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced it has adopted changes that may impact the tax...more

TTB Modified Tax Filing Timeframe for Some Taxpayers

by McDermott Will & Emery on

On January 4, 2017 TTB published in the Federal Register a temporary rule, T.D. TTB–146, modifying the tax filing timeframe for taxpayers who fall below a certain monetary threshold and removing the bond requirements for...more

TTB Changes Under the Fall Edition of the Unified Agenda

by McDermott Will & Emery on

On December 23rd, 2016 the federal government published its Fall edition of the “Unified Agenda” – a bi-annual compilation of all ongoing federal rulemaking projects. Attached is a copy of the TTB detail from this latest...more

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