News & Analysis as of

TTB 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

Foley & Lardner LLP

Who Regulates My Product?

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In the world of healthy food and beverages, a crucial first step towards bringing a new product to the crowded U.S. market is identifying and understanding the regulatory authorities that oversee your product. This is not...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

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

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

Sheppard Mullin Richter & Hampton LLP

Treasury Department Recommends Antitrust Reform in Alcohol Markets

On February 9, the Treasury Department issued a report analyzing competition in the US alcohol industry (defined as beer, wine, and spirits), which outlined several proposed reforms aimed at improving competition in the...more

Troutman Pepper

Advertising Compliance in the Alcoholic Beverage Industry

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We recently posted that the Federal Trade Commission (FTC) issued warnings to a large number of companies in various industries about “unfair” or “deceptive” trade practices related to third-party endorsements. Some of the...more

Alston & Bird

Alcoholic Beverage Labeling: An Aperitif Toward Compliance and Away from Litigation

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Crafting appealing alcoholic beverage labels that check the regulatory boxes and minimize litigation exposure is not as simple as deciding between shaken or stirred (hint: stirred, hands down). Our Food & Beverage Team...more

Troutman Pepper

TTB Talks Hard Seltzer at Craft Brewers Conference

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The alcoholic beverage industry is known for its ability to create new, innovative beverages that do not always fit neatly into the traditional categories of beer, wine, and spirits. Hard seltzer is one example of a new,...more

McDermott Will & Emery

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - September 29th, 12:00 pm - 1:00 pm...

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Alcohol beverage companies must contend with an ever-evolving regulatory landscape, including unpacking the new environment under US President Joe Biden’s executive order on competition. How do you differentiate as a brand...more

McDermott Will & Emery

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - August 12th, 12:00 pm - 1:00 pm...

As alcohol products compete in an increasingly competitive marketplace, how do you differentiate as a brand while being mindful of regulatory landmines? Join us for the second webinar in our Alcohol Quarterly Update Series on...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

McDermott Will & Emery

Non-Alcoholic Beer Regulation 101

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As part of the general move to better-for-you beverages, non-alcoholic (NA) options have been and will likely continue to be on the rise. However, how NA is treated, or not treated, as “beer” has significant impact on its...more

Davis Wright Tremaine LLP

Guidance on Disposition of Unmerchantable Beer (Updated)

Update June 24, 2020: Updated to reflect extended TTB waiver deadline of September 1, 2020. Closures of restaurants, bars, and taprooms in the wake of COVID-19 have resulted in beer becoming out-of-date or unmerchantable...more

Akerman LLP

TTB Postpones Payments on Excise Taxes and Other Submissions During Coronavirus

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Alcoholic beverage businesses are getting a small break from the Alcohol and Tobacco Tax and Trade Bureau (TTB). On March 31, 2020, TTB announced that they will be postponing the payment due date for certain excise taxes as...more

McDermott Will & Emery

Detailed Summary of Federal Requirements for Production of Hand Sanitizing Products

To meet the growing need for hand sanitizing products, various federal agencies including the Alcohol Tobacco Tax and Trade Bureau (TTB), Federal Drug Administration (FDA), Health and Human Services (HHS) and Congress have...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

Davis Wright Tremaine LLP

CBMTRA Extension: Wine Tax Credit Transfers

Congress just approved a much-anticipated, one-year extension of the federal alcohol excise tax credits originally granted in the Craft Beverage and Tax Reform Act (CBMTRA). ...more

Husch Blackwell LLP

Class Action Tests Allowed Ingredients In Gin Under Florida Law

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Bacardi U.S., Inc. is facing a class action lawsuit in Florida due the use of grains of paradise in Bombay Sapphire® Gin. In Uri Marrache v. Bacardi USA, Inc., et al., Case No. 2019-023668-CA-01 (Miami-Dade Cir. Ct. Aug. 9,...more

McDermott Will & Emery

TTB Label Approval System Survives First Amendment Challenge from DC Brewery

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I. Factual Background - During the 34-day government shutdown occurring between December 2018 and January 2019, producers and importers of beer, wine and distilled spirits needing label approval to bring new products to...more

McDermott Will & Emery

TTB Publishes New Nonbeverage Product Formula Form

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On August 12, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published its updated Formula and Process for Nonbeverage Product, TTB Form 5154.1. The Nonbeverage Product approval process is critical to obtain...more

Davis Wright Tremaine LLP

TTB Proposed Rulemaking to Eliminate Most Standards of Fill for Wine and Spirits

On July 1, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published two Notices of Proposed Rulemaking (No. 182 and 183), proposing to amend the “standards of fill” for wine and spirits in response to several petitions...more

Burr & Forman

TTB Adopts Grace Period for Beer, Wine and Spirits Wholesalers and Importers to Disclose Change in Ownership

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On July 5, 2019, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued TTB Industry Circular 2019-2 advising that certain eligible beer, wine, and spirits wholesalers and importers shall have until December 31, 2019 to...more

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