News & Analysis as of

TTB Breweries

McDermott Will & Emery

An End-of-Year Review of TTB Tax Audits and Enforcement

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We have updated and republished this March 2024 blog post for a year-end summary. The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with...more

McDermott Will & Emery

Contract Manufacturing Versus an Alternating Proprietorship: What Is the Difference?

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We frequently receive questions about the differences between contract brewing and alternating proprietorships, as well as questions concerning the key details the Alcohol and Tobacco Tax and Trade Bureau (TTB) and other...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

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

[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

Adams & Reese

New TTB Director Stepping Up on Enforcement

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If you run a brewery, winery, or distillery, you'll want to hear what's new at the TTB. Under a new initiative, the TTB is poised to take a more enforcement-focused approach to permitting...more

Bowditch & Dewey

Section 19H: On-Premises Consumption of Different Alcoholic Commodities in Massachusetts

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Massachusetts farmer-breweries, farmer-distilleries and farmer-wineries seeking to diversify their offerings and attract new customers will often add new commodities to their existing operations. Under Massachusetts law, the...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...

McDermott Will & Emery on

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] Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business? - February 24th, 12:00...

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Last week, the US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe...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

Husch Blackwell LLP

Anatomy Of A Beer Label: Part I

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A beer label tells consumers more than just what the bottle or can contains (e.g., brewed hops, grain, yeast, and water). Labels inform consumers of important facts like the alcohol content by volume (ABV) and the net...more

Davis Wright Tremaine LLP

Reminder to TTB Permittees (Wineries, Breweries, Distilleries, and Importers)

Postponed TTB reports and tax filings are now or will soon be due. On March 31, 2020, the TTB postponed most filings and excise tax payments for 90 days to provide relief for alcohol permitted businesses affected by the...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

Davis Wright Tremaine LLP

Guidance on Disposition of Unmerchantable Beer

Closures of restaurants, bars, and taprooms in the wake of COVID-19 have resulted in beer becoming out-of-date or unmerchantable because it cannot be sold quickly enough. As a result, breweries, wholesalers, and alcohol...more

Davis Wright Tremaine LLP

TTB, OLCC, WSLCB, CA ABC Alcohol Tax and Reporting - COVID-19 (Updated)

Update April 20: This blog has been updated to reflect additional OLCC guidance. In the wake of the COVID-19 pandemic, state and federal agencies are stepping up to provide tax and reporting relief for wineries, breweries,...more

Davis Wright Tremaine LLP

TTB, OLCC, WSLCB, CA ABC Alcohol Tax and Reporting - COVID-19

In the wake of the COVID-19 pandemic, state and federal agencies are stepping up to provide tax and reporting relief for wineries, breweries, and distilleries. Below is an overview of how the TTB and California, Oregon, and...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

Ward and Smith, P.A.

Beer, Hemp, and CBD in North Carolina

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The cannabidiol ("CBD") industry is exploding today. Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA") until the passage of the Agriculture...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2019

Silverman Speaks to Congressional Staff About Food Litigation Trends - Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more

McDermott Will & Emery

TTB’s Take on Alcohol Beverages Infused with Cannabidiol

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On April 25, 2019, TTB published Industry Circular 2019-1. It addresses the hot topic of alcohol beverages (especially beer) infused with hemp-derived ingredients–with cannabidiol (CBD) as the clear focus of industry...more

Ward and Smith, P.A.

Hey, Careful, Man, There’s a Beverage Here! TTB, CBD, and the Production of Beer

Ward and Smith, P.A. on

So you brew beer? Cool. So you want to brew a beer with cannabidiol? Even cooler. Don’t know what cannabidiol is? That's ok. You probably know it as "CBD" – the highly popular cannabinoid that was recently legalized by...more

Bowditch & Dewey

“Labeling” the Government Shutdown as a First Amendment Violation?

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The no-end-in-sight government shutdown has thrown a wrench into the operations of brewers across the country. One brewer, DC-based Atlas Brew Works, is trying to do something about it. On January 15, Atlas filed a lawsuit...more

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