News & Analysis as of

Wine & Alcohol

Norris McLaughlin & Marcus, P.A.

Beer and Marijuana Don’t Mix

In light of New Jersey Attorney General Gurbir Grewal’s recent announcement that all marijuana cases in municipal courts be adjourned through at least September, many are hopeful that New Jersey will be legalizing medical and...more

Ward and Smith, P.A.

Social Host and Premises Liability: Legal Issues When Hosting Parties and Other Social Events in North Carolina

by Ward and Smith, P.A. on

North Carolina summers are a great time for backyard cookouts and other get-togethers. In addition to food, and maybe some entertainment, hosts often provide beer, wine, or other alcoholic drinks to their guests....more

McDermott Will & Emery

Customs and Border Protection Interim Regulations for Refunds of Excise Taxes on Imported Beer, Wine and Spirits

by McDermott Will & Emery on

US Customs and Border Protection (CBP) expects to publish tomorrow Interim Regulations authorizing the refund of beer, wine, and spirits excise taxes in connection with the 2017 tax reform act’s reduced rates and credits...more

Dickenson Peatman & Fogarty P.C.

Bon Appétit Magazine Shines Light On Pay-To-Play Schemes

Popular culinary publication Bon Appétit recently published a story that shines a bright light on certain alleged “pay to play” schemes in New York. In “Bribes, Backdoor Deals, and Pay to Play: How Bad Rosé Took Over,” writer...more

Field Law

Flippin' to the B-Side

by Field Law on

In 2015, an Ontario craft brewer, Beau’s All Natural Brewing Company (Beau’s) applied for a trademark for B-SIDE BREWING LABEL, for use in association with Ontario craft beers. The “B-Side Brewing Label” is an innovative...more

Holland & Knight LLP

Illinois General Assembly Amends State's Liquor Control Act - New Law Allows Municipalities to Control Locations of Bars, Other...

by Holland & Knight LLP on

• Public Act 100-0663, recently signed into law, amends the Illinois Liquor Control Act. The amendment provides municipalities the authority to allow local liquor control commissioners to grant exemptions to the state's...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Modernization for Dairy Product Identities - Following his related statements at a conference, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has...more

McDermott Will & Emery

TTB Issues Guidance on Transfers of Beer between Breweries of Different Ownership

by McDermott Will & Emery on

Last week, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a TTB Procedure governing the transfer in bond of beer between breweries of different ownership. See TTB Procedure 2018-1 (July 17, 2018). In bond...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

by Shook, Hardy & Bacon L.L.P. on

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

Michael Volkov

Beam Settles FCPA Violations with SEC for $8 Million for Pervasive Third-Party Bribery Schemes

by Michael Volkov on

After a lengthy investigation conducted by the SEC, Beam Suntory agreed to pay $8 million to settle FCPA violations in India. Beam’s settlement took over 5 years from initial disclosure to resolution – a long-time to say the...more

Foley Hoag LLP - Trademark, Copyright &...

Restating the Obvious: Beer and Wine are Related Goods for Trademark Purposes, Except when They Aren’t

Beer and wine are related goods for trademark purposes. Right? We’ve seen that truism announced by the Trademark Trial and Appeal Board (TTAB) time and time again. So, do you really have to prove it from scratch in every...more

McDermott Will & Emery

CBP Issues Guidance on Alcohol Excise Tax Provisions

by McDermott Will & Emery on

On June 27, 2018, Customs & Border Protection (CBP) issued Guidance on the alcohol excise tax provisions contained in the Tax Cuts & Jobs Act (Tax Act). Key points: 1.Importers must continue to pay the full excise tax rate...more

Tucker Arensberg, P.C.

Pennsylvania Liquor Control Board (PLCB) to Auction 25 Retail Liquor Licenses Statewide

by Tucker Arensberg, P.C. on

The Pennsylvania Liquor Control Board recently announced that bids are now being accepted for their 6th Auction of Expired Restaurant Liquor Licenses. This auction presents an opportunity for anyone seeking to acquire a...more

Cole Schotz

NJ Liquor License Bill In The Works

by Cole Schotz on

New Jersey’s liquor license laws have generally remained unchanged for decades and have been a sore spot for municipalities seeking to fuel economic growth and small businesses hoping to open in town centers across the State....more

Ladas & Parry LLP

Does the word ‘Glen’ on a whiskey product make EU consumers think it is Scotch? The CJEU requires that national courts determine...

by Ladas & Parry LLP on

On June 7th, 2018, the Court of Justice of the European Union issued a preliminary ruling attempting to clarify the EU rules that protect registered geographical indications applicable to spirit drinks....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #2

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Dietary Fiber Labeling - The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends...more

Field Law

Of Beer and Borders - Alberta Loses Another Round In Its Support of Alberta Craft Brewers

by Field Law on

Right now, Alberta Premier Notley and her government are thinking "stupid laws!", because they can't seem to get around the ones that affect subsidies or grants for Alberta craft brewers. Alberta's latest attempt, its 2016...more

McDermott Will & Emery

TTB to Allow Proprietors to Request Alternating Premise Variances for Storage of Tax- and Non-Tax-Determined Commodities

by McDermott Will & Emery on

On May 16, 2018, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2018-3, allowing proprietors of distilled spirits plants (DSPs), bonded wine cellars (BWCs) and breweries to submit a request for a...more

Hogan Lovells

Scottish glens, German whisky and the question: Are you befuddled?

by Hogan Lovells on

Court of Justice of the European Union, judgment of 7 June 2018, C-44/17 - Glen is a Gaelic word with a wonderful lyrical sound to it and reminiscent of idyllic remote Scottish valleys with the mists from the last rain...more

Bowditch & Dewey

No THC with ABV: Commission Blocks Marijuana in Alcoholic Beverages

by Bowditch & Dewey on

The Alcoholic Beverages Control Commission of Massachusetts (ABCC) recently issued an advisory regarding the use of marijuana in alcoholic beverages. Although the sale of marijuana for recreational use is slated to become...more

McDermott Will & Emery

California Court of Appeal Holds That “Safe Harbor” Defense Precludes Suit Based on Presence of Inorganic Arsenic in Wines

by McDermott Will & Emery on

Last month, the Court of Appeal of California, Second Appellate District, Division Four, issued an opinion in Charles v. Sutter Home Winery, Inc. (2018 Cal. App. LEXIS 418*; 2018 WL 2126987). The court considered the...more

Downey Brand LLP

Winemakers Prevail in Arguing That Providing Current Safe Harbor Warning for Alcoholic Beverages Is Compliant with Prop 65

by Downey Brand LLP on

On May 9, 2018, the Second Appellate District held in Charles et al. v. Sutter Home Winery, Inc., et al. that several winemakers that provided general Proposition 65 safe harbor warnings for alcoholic beverages on their...more

McDermott Will & Emery

TTB Announces Extension of Tax Credits for Wines Stored at Bonded Wine Cellars and Bonded Wineries

by McDermott Will & Emery on

On May 17, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an Industry Circular, No. 2018-1A, clarifying that under the recently-enacted tax reform legislation (Tax Act), wineries may tax determine and tax pay wine...more

Davis Wright Tremaine LLP

Expansion of TTB Wine Excise Tax Credit “Alternate Procedure”

by Davis Wright Tremaine LLP on

This advisory is an update to DWT’s prior advisory on the Tax Cuts and Jobs Act of 2017 (the “Act”), dated March 7, 2018. On May 17, 2018 the TTB formally expanded the use of the “alternate procedure” or “transfer by...more

Dickenson Peatman & Fogarty P.C.

TTB Extends Alternate Procedure For Excise Taxes Credits through 2019

Yesterday, May 17, 2018, TTB announced in Industry Circular 2018-1A that it is extending until December 31, 2019 the ”Alternate Procedure” under which wine producers can tax pay wine stored at bonded tax wine cellars (“BWC”)...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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Updates to This Policy

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