News & Analysis as of

Wine & Alcohol

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

Cracking Open a Cold One: Plaintiffs’ False Advertising Suit Against Brewer Survives Dismissal

by Reed Smith on

Earlier this year, two plaintiffs launched a putative class action against Portland-based Craft Brew Alliance, the fifth largest brewing company in the U.S. and parent company of Kona Brewing Co. Craft Brew acquired Kona in...more

TTB Issues Guidance on Application of Consignment Sales Regulations to Freshness Dating and Returns from Retailers

by McDermott Will & Emery on

On September 29, 2017, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Ruling 2017-2, which updates and supersedes older agency guidance on allowable returns of beer and malt beverage products that contain...more

Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision

by McDermott Will & Emery on

On Friday, October 13, 2017, a Texas Court of Appeals handed down the long-awaited decision in Texas Alcoholic Beverage Commission v. Mark Anthony Brewing, Inc., No. 03-16-00039-CV. The case involves Texas’ ban on...more

Liquor License Reform Still Under Review and Not Occurring Anytime Soon

by Bowditch & Dewey on

There is much angst and anticipation as to what the overhauled changes to the antiquated liquor licensing laws will be. As of right now, it is still anyone’s guess....more

North Carolina Passes Senate Bill 155 To Make Various Changes to Alcoholic Beverage Laws

by Williams Mullen on

The North Carolina General Assembly passed Senate Bill 155, An Act to Make Various Changes to the Alcoholic Beverage Control Commission Laws, during the 2017 legislative session. Most of the bill’s provisions were effective...more

Not All Buffalos Are Alike: Court Finds No Likelihood Of Consumer Confusion Between Bourbon Bottle And Wine Bottle Trade Dress

by Orrick - IP Landscape on

Findings of Fact and Conclusions of Law, Sazerac Co. Inc. v. Fetzer Vineyards, N.D. Cal. (Sept. 19, 2017) (Judge William Orrick) - Winemaker Fetzer Vineyards recently escaped a trademark infringement lawsuit brought by...more

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

by Downey Brand LLP on

On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more

Wine Expanded Permit Renewal

Have you obtained a Wine Expanded Permit and recently submitted your Renewal/Validation application only to find you were not charged the anticipated 2% fee? Most likely, it is simply a timing issue based upon when you...more

Food & Beverage Litigation Update | September 2017 #3

FDA Announces Final FSMA Produce Safety Rule - The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing...more

A History Of GOLDEN GATE Trademarks For Alcoholic Beverages

In celebration of the Intellectual Property Owners Association’s Annual Meeting, currently underway in San Francisco, we offer a brief tour through some GOLDEN GATE-themed trademarks. As a prominent feature of San...more

Latest Decision in Kona Beer Branding False Advertising Case

by McDermott Will & Emery on

The US District Court for the Northern District of California’s recent opinion in Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027-BLF (Sept. 1, 2017) represents the latest decision in the now long-line of false...more

Pa.L.C.B. Announces Fourth Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the fourth restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

Prohibition is Over but Bootlegging is Back

Sadly, the final days of summer are here, and many of us are trying to squeeze in that last barbeque, the last dip in the pool, and yes that last summer drink. As we savor our fancy watermelon margaritas, ginger radlers, or...more

A New “Recipe" Guide for Wineries, Breweries and Distilleries in Frederick County, Maryland

by Miles & Stockbridge P.C. on

Craft wineries, breweries and distilleries are a rapidly growing industry and agri-business in the State of Maryland and beyond. Leading the way, Frederick County, Maryland, now boasts more than 30 wineries, breweries and...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

How To Find The Right Distributor For Your Craft Beer

by Mulcahy LLP on

According to the National Beer Wholesalers Association, licensed beer distributors offer more than 13,000 labels produced by some 3,464 U.S. breweries. With the number of craft breweries increasing by nearly 20% per year, the...more

Florida Alcoholic Beverages Trade Practices Guide

by Holland & Knight LLP on

The Florida Alcoholic Beverages Trade Practices Guide is a reference tool that addresses Florida Statute §561.42, referred to as the Tied House Evil law. The statute provides prohibitions and limitations related to the...more

An Unmapped Spanish Golden Mile: The “Indication Of Geographical Origin” Trademark Prohibition

Spain is famous for wines bathed in the sun. There are various splendid Spanish wine regions: Rioja, Valencia, Penedès, Priorat, Rueda — all of which would, by the way, make fantastic places to go during your holidays if you...more

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

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

Corporate E-Note - July 2017

by Burr & Forman on

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016...more

FRANCHISEE 101: Cold Brew Remedy

by Lewitt Hackman on

Beer distributors can be on common footing with their franchisee counterparts in bargaining with brewers or suppliers. Depending on the jurisdiction, distributors may have protection through beer distribution statutes...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 & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

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